FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
FOR THE TENTH CIRCUIT December 16, 2016
_________________________________
Elisabeth A. Shumaker
Clerk of Court
JUVENCIA DARSHA TOWNSEND,
Plaintiff - Appellant,
v. No. 16-1141
(D.C. No. 1:14-CV-02961-RBJ-KMT)
COLORADO DEPARTMENT OF (D. Colo.)
CORRECTIONS; EVERINGHAM, Case
Manager; ROACH, Case Manager;
DURAN, Case Manager; JOHN C.
ROBERTS, Corrections Officer; SGT.
TONYA GAMBLIN, Housing; SGT.
TODD CHRIST; Major MARK
ALHOLTZ, Housing; LT. TRAXLER,
Head Case Manager; JACKSON, Case
Manager; DAVID JOHNSON, Warden;
DEETS, Case Manager,,
Defendants - Appellees.
_________________________________
ORDER AND JUDGMENT*
_________________________________
Before LUCERO, MATHESON, and BACHARACH, Circuit Judges.
_________________________________
*
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist in the determination of
this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case is therefore
ordered submitted without oral argument. This order and judgment is not binding
precedent, except under the doctrines of law of the case, res judicata, and collateral
estoppel. It may be cited, however, for its persuasive value consistent with
Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.
Juvencia Townsend, a state prisoner proceeding pro se, appeals the district
court’s dismissal of her 42 U.S.C. § 1983 action. Exercising jurisdiction under 28
U.S.C. § 1291, we affirm.
Townsend is a prisoner in the custody of the Colorado Department of
Corrections. She alleges claims of discrimination, harassment, retaliation, and due
process violations against various corrections department employees. The district
court denied Townsend’s request for appointment of counsel and subsequently
dismissed each of her claims. It concluded that Townsend failed to exhaust
administrative remedies, did not state a claim for discrimination, and that her
retaliation claim was time-barred. Townsend timely appealed.
On appeal, Townsend presents only three narrow bases for relief. First, she
appears to argue that the district court judge should have recused himself because he
presided over Townsend’s criminal trial and was biased against her. However,
“[a]dverse rulings alone are insufficient grounds for disqualification, as is evidence
that the judge criticized or was angry with a party.” In re Am. Ready Mix, Inc., 14
F.3d 1497, 1501 (10th Cir. 1994) (citations omitted). Townsend does not provide
any additional facts to support her claim of bias. Thus, the district court judge was
not required to recuse.
Townsend also argues that the district court erred in denying her requests for
appointed counsel. There is no constitutional right to counsel in a civil case.
Johnson v. Johnson, 466 F.3d 1213, 1217 (10th Cir. 2006). However, a district court
has discretion to request counsel for a litigant who is unable to afford one. Id. (citing
2
28 U.S.C. § 1915(e)(1)). We review the district court’s denial for abuse of
discretion, considering “the merits of the claims, the nature of the claims, [the
plaintiff’s] ability to present the claims, and the complexity of the issues.” Rachel v.
Troutt, 820 F.3d 390, 397 (10th Cir. 2016). The district court’s decision was
reasonable: Townsend’s claims are not novel or complex, and she was able to
adequately present her case before the district court.
Finally, Townsend argues that the district court erroneously denied her motion
requesting reports and documents, apparently in reference to initial disclosures. But
Fed. R. Civ. P. 26(a)(1)(B) exempts from initial disclosures “an action brought
without an attorney by a person in the custody of . . . a state.” Thus, the district court
did not err.
For the foregoing reasons, we AFFIRM the district court. We DENY
Townsend’s motion to dismiss the appeal without prejudice1 and GRANT her motion
to proceed in forma pauperis. She is reminded of her obligation to continue making
partial payments until the entire filing fee has been paid in full. See 28 U.S.C.
§ 1915(b).
Entered for the Court
Carlos F. Lucero
Circuit Judge
1
Townsend mistakenly appears to think that if we dismiss without prejudice,
she will be allowed to refile her appeal at any time.
3