Qassimyar ex rel. Qassimyar v. San Diego Children's Hospital & Health Center

MEMORANDUM **

Fatema Qassimyar, a minor, appeals pro se from the district court’s judgment dismissing her medical malpractice action for failure to obtain counsel and order denying her request for appointment of counsel and request that her father and guardian ad litem be permitted to represent her in this action. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s denial of a motion to appoint counsel for abuse of discretion, Campbell v. Burt, 141 F.3d 927, 931 (9th Cir.1998), and we affirm.

The district court did not abuse its discretion when it denied appointment of counsel after concluding that it was not likely that Qassimyar would succeed on the merits. See Agyeman v. Corrections Corp. of America, 390 F.3d 1101, 1103 (9th Cir. 2004). Qassimyar alleges medical malpractice and cites no basis for exercising federal jurisdiction. Contrary to Qassimyar’s contention, the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd, “was not enacted to establish a federal medical malpractice cause of action.” Bryant v. Adventist Health Sys.fWest, 289 F.3d 1162 , 1166 (9th Cir. 2002). The Act applies when an emergency room patient is not screened…