MANN v. WILLIAMS, 0:14-cv-1647-RMG (2015)
Court: District Court, D. South Carolina
Number: infdco20150903d11
Visitors: 5
Filed: Sep. 02, 2015
Latest Update: Sep. 02, 2015
Summary: ORDER RICHARD MARK GERGEL , District Judge . Plaintiff, a pro se prisoner, filed these actions against various defendants alleging certain violations of his constitutional rights. The Court granted in part and denied in part Defendants' motions for summary judgment in these actions, with excessive force claims surviving summary judgment in both actions. In reviewing Plaintiffs surviving claims, it appears to the Court that this pro se litigant has colorable claims but lacks the capacity
Summary: ORDER RICHARD MARK GERGEL , District Judge . Plaintiff, a pro se prisoner, filed these actions against various defendants alleging certain violations of his constitutional rights. The Court granted in part and denied in part Defendants' motions for summary judgment in these actions, with excessive force claims surviving summary judgment in both actions. In reviewing Plaintiffs surviving claims, it appears to the Court that this pro se litigant has colorable claims but lacks the capacity ..
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ORDER
RICHARD MARK GERGEL, District Judge.
Plaintiff, a pro se prisoner, filed these actions against various defendants alleging certain violations of his constitutional rights. The Court granted in part and denied in part Defendants' motions for summary judgment in these actions, with excessive force claims surviving summary judgment in both actions. In reviewing Plaintiffs surviving claims, it appears to the Court that this pro se litigant has colorable claims but lacks the capacity to properly present these claims at a trial in this matter. Zuniga v. EfJler, 474 Fed. App'x 225 (4th Cir. 2012). In such a circumstance, the Court has discretion to appoint counsel for the pro se litigant if the party is unable to afford counsel. 28 U.S.C. § 1915(e)(1). The Court finds that appointment of counsel is proper in these circumstances and hereby appoints Robert W. Whelan of the Nelson Mullins law firm as counsel for Plaintiff.
AND IT SO ORDERED.
Source: Leagle