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Holtzclaw v. Milton, CV418-144. (2019)

Court: District Court, S.D. Georgia Number: infdco20190404a36 Visitors: 7
Filed: Apr. 03, 2019
Latest Update: Apr. 03, 2019
Summary: ORDER CHRISTOPHER L. RAY , Magistrate Judge . Plaintiff seeks to compel discovery responses from defendants. Doc. 23. His barebones motion lists the requests he served on defendants, and represents that they failed to timely respond to his requests. Id. at 2. Defendants, however, have opposed and attached their responses to plaintiff's discovery requests. Doc. 26, Exh. B. Those responses appear both timely and complete. Id. Plaintiff's motion being moot, it is therefore DENIED. Doc.
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ORDER

Plaintiff seeks to compel discovery responses from defendants. Doc. 23. His barebones motion lists the requests he served on defendants, and represents that they failed to timely respond to his requests. Id. at 2. Defendants, however, have opposed and attached their responses to plaintiff's discovery requests. Doc. 26, Exh. B. Those responses appear both timely and complete. Id. Plaintiff's motion being moot, it is therefore DENIED. Doc. 23.

Plaintiff also asks that counsel be appointed to help him litigate his case, citing his indigency and incarceration as roadblocks to relief. Doc. 24. In this civil case, however, plaintiff has no constitutional right to the appointment of counsel. Wright v. Langford, 562 F. App'x 769, 777 (11th Cir. 2014) (citing Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999)). "Although a court may, pursuant to 28 U.S.C. § 1915(e)(1), appoint counsel for an indigent plaintiff, it has broad discretion in making this decision, and should appoint counsel only in exceptional circumstances." Wright, 562 F. App'x at 777 (citing Bass, 170 F.3d at 1320). Appointment of counsel in a civil case is a "privilege that is justified only by exceptional circumstances, such as where the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner." Fowler v. Jones, 899 F.2d 1088, 1096 (11th Cir. 1990) (citing Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987), and Wahl v. McIver, 773 F.2d 1169, 1174 (11th Cir. 1985)).

The Eleventh Circuit has explained that "the key" to assessing whether counsel should be appointed "is whether the pro se litigant needs help in presenting the essential merits of his or her position to the court. Where the facts and issues are simple, he or she usually will not need such help." McDaniels v. Lee, 405 F. App'x 456, 457 (11th Cir. 2010) (quoting Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993)). A review of the record and pleadings in this case reveals no such "exceptional circumstances" warranting the appointment of counsel.

Though plaintiff is incarcerated, this Court has repeatedly found that "prisoners do not receive special consideration notwithstanding the challenges of litigating a case while incarcerated." See, e.g., Hampton v. Peeples, 2015 WL 4112435 at *2 (S.D. Ga. July 7, 2015). "Indeed, the Eleventh Circuit has consistently upheld district courts' decisions to refuse appointment of counsel in 42 U.S.C. § 1983 actions similar to this case for want of exceptional circumstances." Id. (citing Smith v. Warden, Hardee Corr. Inst., 597 F. App'x 1027, 1030 (11th Cir. 2015); Wright, 562 F. App'x at 777; Faulkner v. Monroe Cty. Sheriff's Dep't, 523 F. App'x 696, 702 (11th Cir. 2013); McDaniels, 405 F. App'x at 457; Sims v. Nguyen, 403 F. App'x 410, 414 (11th Cir. 2010); Fowler, 899 F.2d at 1091, 1096; Wahl, 773 F.2d at 1174). This case is not so complex, legally or factually, as to prevent plaintiff from presenting "the essential merits of his position" to the Court. Indeed, he has repeatedly demonstrated his competence to prosecute his case through clear, articulate filings. His request for appointment of counsel is DENIED.

SO ORDERED.

Source:  Leagle

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