Punaofo Tilei v. W. McGuinness, 642 F. App'x 719 (9th Cir. 2016). · Go Syfert
Punaofo Tilei v. W. McGuinness, 642 F. App'x 719 (9th Cir. 2016). Cases Citing This Book View Copy Cite
33 citation events (33 in the last 25 years) across 3 distinct courts.
Strongest positive: Motley v. Silva (nvd, 2025-04-28)
Treatment trajectory · 2020 → 2026 · click a year to view as-of
2020 2023 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
cited Cited as authority (rule) Motley v. Silva
D. Nev. · 2025 · confidence medium
Tilei v. McGuinness, 642 F. App’x 719, 722 (9th Cir. 9 2016).
discussed Cited as authority (rule) Brown v. Goodwill Stores
D. Nev. · 2024 · confidence medium
Cal. Nov. 13, 2018) (citing Tilei v. McGuiness, 642 Fed.
discussed Cited as authority (rule) Brown v. Walmart Stores
D. Nev. · 2024 · confidence medium
Cal. Nov. 13, 2018) (citing Tilei v. McGuiness, 642 Fed.
cited Cited as authority (rule) Crespin v. State of Nevada
D. Nev. · 2024 · confidence medium
LEXIS 204998 , at *8 (citing Tilei v. 7 McGuinness, 642 F. App'x 719, 722 (9th Cir. 2016)) (internal quotations omitted).
discussed Cited as authority (rule) Harris v. Sisolak (2×)
D. Nev. · 2023 · confidence medium
Counsel should only be 8 appointed under “exceptional circumstances.” Tilei v. McGuinness, 642 F. App’x 719, 722 (9th 9 Cir. 2016) (citation omitted). 10 To determine whether “exceptional circumstances” exist, the court evaluates (1) the 11 likelihood of plaintiff’s success on the merits and (2) the plaintiff’s ability to articulate his claim 12 pro se “in light of the complexity of the legal issues involved.” Agyeman v. Corr.
discussed Cited as authority (rule) Ratcliff v. Caldarone
D. Nev. · 2023 · confidence medium
Wilborn, 789 F.2d at 1331 . 24 A. Likelihood of Success on the Merits 25 “The Ninth Circuit has indicated that the articulation of a cognizable claim for relief may 26 itself be sufficient to satisfy the ‘merit’ analysis on a motion for appointment of counsel.” See 27 Tilei v. McGuinness, 642 Fed.
discussed Cited as authority (rule) Kern v. Johnson (2×)
D. Nev. · 2022 · confidence medium
Cal. Nov. 14, 2018) (citing Tilei v. McGuinness, 642 F. App’x 719, 722 (9th 1 Accordingly, Mr. Kern has presented plausible Eighth Amendment claims. 2 B.
discussed Cited as authority (rule) Kakowski v. Allison
S.D. Cal. · 2022 · signal: cf. · confidence medium
See, e.g., Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir. 1991) (finding 21 the trial court did not abuse its discretion by refusing to appoint counsel for a pro se prisoner 22 alleging an Eighth Amendment deliberate indifference to serious medical need claim); cf 23 Tilei v. McGuinness, 642 F. App’x 719, 722 (9th Cir. 2016) (finding the appointment of 24 counsel warranted where the plaintiff’s deliberate indifference claim was “legally 25 complex” and “will turn on complex medical questions of competing treatment regimens 26 and causation, and likely require the testimony of exper…
cited Cited as authority (rule) Neenan v. Sisolak
D. Nev. · 2022 · confidence medium
Cal. Nov. 14, 2018) 19 (citing Tilei v. McGuinness, 642 F. App’x 719, 722 (9th Cir. 2016)).
discussed Cited as authority (rule) Marshall v. State of Nevada (2×)
D. Nev. · 2021 · confidence medium
Cal. Nov. 14, 2018) (citing Tilei v. McGuinness, 642 F. App’x 719, 722 (9th Cir. 2016)). 1 B.
discussed Cited as authority (rule) Reese v. Bryan
D. Nev. · 2021 · confidence medium
Id. at 3 . 17 In an unpublished decision, the Ninth Circuit held that a plaintiff should be appointed 18 counsel for a deliberate indifference claim stemming from allegations that prison supervisors and 19 physicians failed to properly treat the plaintiff’s “‘chronic and substantial pain’ resulting from 20 spine degeneration[.]” Tilei v. McGuinness, 642 F. App’x 719, 722 (9th Cir. 2016).
discussed Cited as authority (rule) Tilei v. California Department of Corrections and Rehabilitation
S.D. Cal. · 2020 · confidence medium
Plaintiff cited Tilei v. McGuinness, 642 F. App’x 719, 722 (9th 26 Cir. 2016), in which the Ninth Circuit found plaintiff’s “physical and mental capacity to 27 be a relevant consideration” in the decision whether to appoint counsel.
discussed Cited "see" Centofanti v. The State of Nevada ex rel The NDOC
D. Nev. · 2024 · signal: see · confidence high
See Tilei v. McGuinness, 642 F. App'x 719, 722 (9th Cir. 2016) (concluding that 22 plaintiff’s “complaint states a claim for relief, and therefore suggests that he may succeed on the 23 merits”).
cited Cited "see" Roberts v. The Bank of New York Mellon
W.D. Wash. · 2023 · signal: see · confidence high
See 12 642 F. App’x 719, 722 (9th Cir. 2016). 13 Finally, the Court’s initial review does not support forwarding Roberts’s case to the 14 District’s Pro Bono Panel Screening Committee.
discussed Cited "see" Green v. Daniels
D. Nev. · 2023 · signal: see · confidence high
See Tilei v. McGuinness, 642 F. App’x 719, 722 (9th Cir. 2016) (concluding that 7 plaintiff’s “complaint states a claim for relief, and therefore suggests that he may succeed on the 8 merits”).
discussed Cited "see" Dragasits v. Rucker
S.D. Cal. · 2021 · signal: see · confidence high
See Tilei v. McGuinness, 642 F. App’x 719, 8 (9th Cir. 2016) (finding deliberate indifference will often “turn on complex medical 9 || questions of competing treatment regimens and causation, and likely require the testimony 10 expert witnesses”).
discussed Cited "see, e.g." Webb v. NaphCare Inc
W.D. Wash. · 2022 · signal: see also · confidence medium
Corp. 19 of Am., 390 F.3d 1101 , 1103–04 (9th Cir. 2004) (requiring appointment of counsel where a case 20 was unusually complex due to case law as well as litigant’s personal circumstances), cert. denied 21 545 U.S. 1128 (2005); see also Tilei v. McGuinness, 642 F. App’x 719, 722 (9th Cir. 2016) 22 (appointing counsel where, among other reasons, litigant likely needed expert testimony to 23 prevail on deliberate indifference claim based on inadequate medical treatment). 24 1 Plaintiff has been granted in forma pauperis status (Dkt.
discussed Cited "see, e.g." Webb v. NaphCare Inc
W.D. Wash. · 2022 · signal: see also · confidence medium
See Agyeman v. Corr Corp. of Am., 390 F.3d 1101 , 1103–04 18 (9th Cir. 2004) (requiring appointment of counsel where a case was unusually complex due to 19 case law as well as litigant’s personal circumstances), cert. denied 545 U.S. 1128 ; see also Tilei 20 v. McGuinness, 642 Fed.Appx. 719, 722 (9th Cir. 2016) (appointing counsel where, among other 21 reasons, litigant likely needed expert testimony to prevail on deliberate indifference claim). 22 Plaintiff Webb has been granted leave to file this case in forma pauperis, as Plaintiff did 23 not appear to have sufficient funds to pay the c…
cited Cited "see, e.g." Tilei v. California Department of Corrections and Rehabilitation
S.D. Cal. · 2020 · signal: see also · confidence low
No. 54 at 21; see also 642 F. App’x 719 (2016).
Retrieving the full opinion text from the archive…
Punaofo Tsugito TILEI, Plaintiff-Appellant,
v.
W.J. McGUINNESS, M.D.; Et Al., Defendants-Appellees
13-16298.
Court of Appeals for the Ninth Circuit.
Mar 14, 2016.
642 F. App'x 719
Punaofo Tsugito Tilei, pro se., Jaime Ann Santos, Goodwin Procter LLP, Los Angeles, CA, William M. Jay, Goodwin Procter LLP, Washington, DC, Geoffrey R. Kirsch, Goodwin Procter LLP, Boston, MA, for Plaintiff-Appellant., Neah- Huynh, Deputy Attorney General, Office of the California Attorney General Consumer Law Section, San Francisco, CA, for Defendants-Appellees.
Nguyen, Schroeder, Thomas.
Cited by 19 opinions  |  Unpublished  |  Prisoner

MEMORANDUM *

Punaofo Tilei appeals the district court’s dismissal of his suit under Federal Rule of Civil Procedure (“Rule”) 41(b) and the denial of his request for the appointment of pro bono counsel. We have jurisdiction over the district court’s final order of dismissal pursuant to 28 U.S.C. § 1291. We review for abuse of discretion both the dismissal of a suit under Rule 41(b) as a sanction for failure to comply with a court order, see Ferdik v. Bonzelet, 963 F.2d 1258, 1260 (9th Cir.1992), and the denial of a motion for the appointment of counsel pursuant to 18 U.S.C. § 1915(e), see Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991). We reverse and order the district court to appoint pro bono counsel.

I

On appeal from a Rule 41(b) dismissal for failure to amend a complaint, the court reviews only the propriety of the dismissal. See Al-Torki v. Kaempen, 78 F.3d 1381, 1386 (9th Cir.1996). However, the court must consider whether the failure to amend the complaint was reasonable, which includes consideration of whether “the original dismissal was erroneous.” See Yourish v. Cal. Amplifier, 191 F.3d 983, 992 (9th Cir.1999). Here, Tilei’s original complaint stated a claim, and the district court therefore erred by dismissing Tilei’s suit under Rule 41(b) for failure to amend the complaint.

To establish an Eighth Amendment claim based on inadequate medical treatment, a prisoner must show deliberate indifference to the prisoner’s serious medical needs. Jett v. Penner, 439 F.3d 1091, 1096 (9th Cir.2006). Tilei’s alleged “chronic and substantial pain”, resulting from spine degeneration constituted a serious medical, need. See Peralta v. Dillard, 744 F.3d 1076, 1086 (9th Cir.2014) (en banc). Tilei also adequately alleged deliberate indifference as to each named defendant except Lisa Salinas. [1] Tilei adequately alleged that prison supervisors interfered with and delayed medical treatment by failing to forward medical records to Tilei’s treating physicians. See Hamilton v. Brown, 630 F.3d 889, 897 (9th Cir.2011) (concluding that “[d]e-liberate indifference may include ... intentionally denying or delaying access to medical care” (internal citation omitted)). As to Tilei’s treating prison physicians, Tilei adequately alleged that prison physicians unreasonably ignored his specialists’ medical advice on the basis of less-specialized medical knowledge. See Snow v. McDaniel, 681 F.3d 978, 986 (9th Cir.2012) (concluding .that reliance on “non-specialized” medical conclusions may constitute deliberate indifference to a plaintiffs medical needs), overruled on other grounds by Peralta, 744 F.3d 1076; Wakefield v. Thompson, 177 F.3d 1160,[*722] 1165 (9th Cir.1999) (“[Allegations that a prison official has ignored the instructions of a prisoner’s treating physician are sufficient to state a claim for deliberate indifference.”). Thus, Tilei’s original complaint stated a claim for deliberate indifference to serious medical needs, and the district court erred by dismissing Ti-lei’s suit under Rule 41(b) for failure to amend the complaint.

II

Counsel should only be appointed under 28 U.S.C. § 1915(e)(1) in “exceptional circumstances,” which requires a.consideration of the plaintiffs likelihood of success on the merits and the plaintiffs ability to articulate the claims pro se. Terrell, 985 F.2d at 1017. This case presents the rare “exceptional circumstances” that warrant the appointment of pro bono counsel.

First, Tilei’s deliberate indifference claim is legally complex. Tilei’s claim will turn on complex medical questions of competing treatment regimens and causation, and likely require the testimony of expert witnesses. Second, Tilei is incapable of articulating that claim. In assessing this prong, courts should consider not only the characteristics of the claim, but also the characteristics of the plaintiff. See McElyea v. Babbitt, 833 F.2d 196, 199 n. 3 (9th Cir.1987) (per curiam). Here, Tilei introduced evidence that, due to his medical incapacity, he was unable to draft motions and conduct legal research. [2] Finally, Ti-lei’s complaint states a claim for relief, and therefore suggests that he may succeed on the merits. See Alexander v. Ramsey, 539 F.2d 25, 26 (9th Cir.1976) (per curiam) (ordering district court to assess motion for appointment of counsel before ruling on motion to dismiss). Taken together, these circumstances warrant the appointment of pro bono counsel in this case.

Ill

Tilei’s original complaint stated a claim for deliberate indifference to a serious medical need. Therefore, the district court erred by dismissing Tilei’s suit as a sanction for Tilei’s failure to amend the complaint. Additionally, due to the complexity of Tilei’s legal claims and Tilei’s physical incapacitation, the district court erred by denying Tilei’s motion for the appointment of counsel.

REVERSED.

*

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1

. The district court correctly concluded that Tilei failed to allege any facts that suggested that Salmas, a non-medical personnel, had a subjective intent to ignore Tilei’s serious medical needs.

2

. We deny the motion for judicial notice, as Tilei's court records do not conclusively establish his ability to file an amended complaint. Flick v. Liberty Mut. Fire Ins. Co., 205 F.3d 386, 392 n. 7 (9th Cir.2000) (noting that it is "rarely appropriate for an appellate court to take judicial notice of facts that were not before the district court”).