Fischer v. Rivera et al
| Roger Fischer |
| Jane Doe, Victoria Hammonds, Michael Satz, Sara E. Rivera and Brenda Forman |
| 0:2019cv62499 |
| October 4, 2019 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Lisette M Reid |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 10 NOTICE of Change of Address (Address Updated) by Roger Fischer (cds) |
Filing 9
PAPERLESS ORDER denying #8 Motion to Appoint Counsel. Plaintiffs in civil suits do not have the right to the appointment of counsel to represent them. See Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999). While the Court may request an attorney to represent someone unable to afford counsel, it may not order an attorney to accept a plaintiff's case. See 28 U.S.C. 1915(e)(1). Appointment of counsel in a civil case is appropriate only in exceptional circumstances, such as when the facts and legal issues are so novel and complex as to require the assistance of a trained practitioner. See Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993). Where the facts and issues are simple, typically a pro se litigant will not need such help. Id. To determine whether exceptional circumstances exist, we consider the following factors: (1) the type and complexity of the case; (2) whether the litigant is capable of adequately presenting his or her case; (3) whether the litigant is in a position to adequately investigate the case; and (4) whether the evidence will consist in large part of conflicting testimony so as to require skill in the presentation of evidence and in cross-examination. See Ulmer v. Chancellor, 691 F.2d 209, 213 (5th Cir. 1982) (adopted by Fowler v. Jones, 899 F.2d 1088, 1096 (11th Cir. 1990) (finding no exceptional circumstances, when, among other factors, the plaintiff's claims were based on incidents mostly witnessed by himself)). The Undersigned finds that no extraordinary circumstances exist here, but that the Motion should be denied without prejudice should circumstances change in the future. This is because Plaintiff's Complaint centers around allegations of impropriety in his ongoing state court criminal case, where Plaintiff is represented by counsel. Further, it appears that Plaintiff's claims may be precluded by the abstention doctrine found in Younger v. Harris, 401 U.S. 37 (1971). A Report and Recommendation on this issue shall be issued shortly.. Signed by Magistrate Judge Lisette M. Reid on 11/14/2019. (ac01)
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| Filing 8 MOTION to Appoint Counsel by Roger Fischer. Responses due by 11/27/2019 (ls) |
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Filing 7
ORDER granting #6 Motion for Leave to Proceed in forma pauperis. Plaintiff to Proceed without Prepayment of Filing Fee but Establishing Debt to Clerk of $350.00. Granting to the extent that the plaintiff need not prepay even a partial filing fee in this case, or to prepay costs such as for service of process. USM Service NOT Ordered. Signed by Magistrate Judge Lisette M. Reid on 10/30/2019. See attached document for full details. (fbn)
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| Filing 6 MOTION for Leave to Proceed in forma pauperis With Account Statement by Roger Fischer. (cds) |
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Filing 5
ORDER denying #3 Motion for Leave to Proceed in forma pauperis. Petitioner filed his/her motion to proceed in forma pauperis but failed to submit the supporting statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in her name. Accordingly, on or before November 4, 2019, Petitioner shall file the required supporting, certified inmate account statement, or pay the Clerks filing fee of $400.00. Responses due by 11/4/2019 Signed by Magistrate Judge Lisette M. Reid on 10/8/2019. See attached document for full details. (Attachments: #1 IFP Form) (fbn)
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Filing 4
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Lisette M. Reid on 10/8/2019. See attached document for full details. (fbn)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Roger Fischer. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles and Magistrate Judge Lisette M. Reid. Pursuant to Administrative Order 2019-2, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (drz) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Jane Doe, Brenda Forman, Victoria Hammonds, Sara E. Rivera, Michael Satz. Filing fee $ 400.00. IFP Filed, filed by Roger Fischer.(drz) Modified on 10/7/2019 (drz). |
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