United States District Court, D. Hawaii
GARY J. MARTINEZ, Plaintiff,
RAYMOND MABUS, Secretary of the Navy; and Commander JAMIE K. KALOWSKY, Captain of the Pearl Harbor Navy Shipyard, Defendants.
ORDER ADOPTING THE MAGISTRATE JUDGE'S FINDINGS
AND RECOMMENDATION, AS MODIFIED (ECF NO. 14)
Gillmor United States District Judge.
Gary J. Martinez has filed a lawsuit against Raymond Mabus,
Secretary of the United States Navy, and Captain Jamie K.
Kalowsky, Commander of the Pearl Harbor Naval Shipyard.
Plaintiff, a 60 year-old Hispanic and American Indian male,
alleges that Defendants unlawfully discriminated against him
on account of his race, color, national origin, age, and
disability in violation of federal law.
matter comes before the Court pursuant to the Magistrate
Judge's Findings and Recommendation to Deny
Plaintiff's Request for Appointment of Counsel.
Findings and Recommendation (ECF No. 14) are ADOPTED as the
opinion and order of this Court, AS MODIFIED.
district court reviews those portions of a magistrate
judge's findings and recommendation to which a party
objects de novo. 28 U.S.C. §
636(b)(1). The district court may accept unobjected portions
of the findings and recommendation if the court is satisfied
that there is no clear error on the face of the record.
Stow v. Murashige, 288 F.Supp.2d 1122, 1127 (D. Haw.
2003); Abordo v. State of Haw., 938 F.Supp. 656, 658
(D. Haw. 1996).
Gary J. Martinez (“Plaintiff”) has filed, with
the assistance of his wife, an Objection to the Magistrate
Judge's Findings and Recommendation to deny
Plaintiff's request for appointment of counsel. (ECF No.
The Objection is Untimely
litigants must abide by all court orders, the Local Rules,
the Federal Rules of Civil Procedure, and other applicable
rules and statutes. LR 83.13; Briones v. Riviera Hotel
& Casino, 116 F.3d 379, 382 (9th Cir. 1997) (per
curiam). Federal Rule of Civil Procedure 72 provides
that objections to findings and recommendations must be filed
within 14 days of being served with a copy. Fed.R.Civ.P.
Magistrate Judge's Findings and Recommendation was served
on September 16, 2016. The deadline for Plaintiff to file an
Objection to the Findings and Recommendation was September
30, 2016. Plaintiff filed his Objection on October 5, 2016,
five days after the September 30, 2016 deadline.
Plaintiff's Objection is untimely.
appears to have been previously unaware of the necessity of
complying with the Court's rules. The Court will consider
his untimely objections.
The Magistrate Judge's Findings and Recommendation is
district court has discretion to appoint an attorney for pro
se litigants in civil cases. 28 U.S.C. § 1915(e)(1).
There is no constitutional right to appointed counsel.
Ivey v. Bd. of Regents of Univ. of Alaska, 673 F.2d
266, 269 (9th Cir. 1982). The Ninth Circuit Court of Appeals
has indicated that the appointment of counsel in civil
matters “is limited . . . to cases presenting