R. STAN BAKER, Magistrate Judge.
Presently before the Court are three Motions Plaintiff has filed: 1) Motion to Compel, (doc. 28); 2) Motion for Appointment of Counsel, (doc. 29); and 3) Motion to Alter or Amend the Judgment, (doc. 30). Defendant Castillo filed Responses to these Motions. (Docs. 32, 33, 34.) For the reasons which follow, the Court
Plaintiff, who is currently housed at Coffee Correctional Facility in Nicholls, Georgia, filed this cause of action pursuant to 42 U.S.C. § 1983 to contest certain conditions of his confinement. (Doc. 1.) Plaintiff also filed an Amended Complaint. (Doc. 5.) The Court directed Plaintiff to file another Amended Complaint, as Plaintiff failed to identify a person or persons who could be held liable for the alleged constitutional violation. (Doc. 15.) Plaintiff responded to this Court's Order by mailing three letters. (Docs. 16, 17, & 18.)
In his Complaint, as amended, Plaintiff asserted that Nurse Castillo denied him treatment for a litany of ailments, including pain in his chest, back, stomach, legs, feet, and right hand, as well as cellulitis, diabetes, high blood pressure, and a hernia. (Doc. 1, p. 5; Doc. 18.) Plaintiff then filed a Motion to file a Second Amended Complaint on July 29, 2016. (Doc. 21.) Nurse Castillo, who was the only named Defendant at that time, filed her Answer on August 11, 2016. (Doc. 23.) The Clerk of Court issued a Scheduling Notice and advised the parties that discovery was to close on December 28, 2016. (Doc. 24.)
The Court granted Plaintiff's Motion to file a Second Amended Complaint on September 12, 2016. By this same Order, the Court directed service of Plaintiff's Complaint, as amended, upon Defendants McLoud, Dr. Moor, Dr. Austin, John Huick, Mrs. Wright, and Mrs. Hands. (Docs. 25, 27.) Defendants McLoud, Dr. Moor, Dr. Austin, John Huick, Mrs. Wright, and Mrs. Hands have not yet answered Plaintiff's Complaint, as amended, or otherwise entered an appearance in this case. On September 16, 2016, Plaintiff filed these three Motions, which the Court discusses in turn.
Plaintiff moves pursuant to Federal Rule of Civil Procedure 37 to compel Defendants to fully answer his interrogatories. In the alternative, Plaintiff seeks an Order compelling Defendants to produce several categories of documents for inspection and copying, including Plaintiff's medical records. (Doc. 28.)
Defendant Castillo contends Plaintiff failed to serve her attorney with any discovery requests prior to filing his Motion to Compel. Additionally, Defendant Castillo asserts Plaintiff failed to comply with this Court's Local Rule and Federal Rule of Civil Procedure 37, as he failed to confer with her attorney prior to filing this Motion. Thus, Defendant Castillo maintains Plaintiff's Motion is due to be dismissed.
As noted above, Defendant Castillo filed her Answer on August 11, 2016. Additionally, those Defendants upon whom the Court directed service of Plaintiff's Complaint, as amended, on September 12, 2016, have not filed their Answers. Thus, the discovery period has yet to begin. (
Plaintiff avers he needs legal assistance so that he can present his case properly to the Court and that he is unable to afford counsel. Plaintiff also contends his imprisonment will limit his ability to litigate the issues before the Court. (Doc. 29.) Defendant Castillo responds that Plaintiff's filings in this case demonstrate he has sufficient intelligence and an understanding of the issues before the Court and does not need the assistance of counsel. (Doc. 33, pp. 1-2.)
In this civil case, Plaintiff has no constitutional right to the appointment of counsel.
The Court has reviewed the record and pleadings in this case and finds no "exceptional circumstances" warranting the appointment of counsel. While the Court understands that Plaintiff is incarcerated, this Court has repeatedly found that "prisoners do not receive special consideration notwithstanding the challenges of litigating a case while incarcerated."
Finally, without any explanation of the relief he seeks, Plaintiff states he makes his Motion to Alter or Amend Judgment pursuant to Federal Rule of Civil Procedure 59(e) and within ten (10) days of the entry of a judgment. (Doc. 30.) Defendant Castillo alleges Plaintiff's Motion is moot, as the Court has entered no judgment in this case. (Doc. 34.)
"A motion to alter or amend a judgment must be filed no later than 28 days after the entry of the judgment." Fed. R. Civ. P. 59(e). A Federal Rule of Civil Procedure 59(e) motion, or motion for reconsideration, is "an extraordinary remedy, to be employed sparingly."
Thus, the Court