Hernandez v. Department of Corrections
| William Hernandez |
| Department of Corrections |
| 1:2020cv22593 |
| June 23, 2020 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Ursula Ungaro |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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| Filing 9 PAPERLESS Case No Longer Referred to Magistrate Judge Lisette M. Reid/Case Closed by the District Judge. Signed by Magistrate Judge Lisette M. Reid on 8/12/2020. (br) |
Filing 8
ORDER ON MAGISTRATE JUDGES ADOPTING REPORT AND RECOMMENDATIONS re the Report, DE#4 , is RATIFIED, ADOPTED, and AFFIRMED. The Complaint, DE#1 , is DISMISSED. The Injunction Motion, DE#3 , is DISMISSED. Certificate of Appealability: DENIED. ORDERED AND ADJUDGED that this case is CLOSED. Signed by Judge Ursula Ungaro on 8/5/2020. See attached document for full details. (ebz)
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Filing 7
PAPERLESS ORDER denying #6 Motion to Appoint Counsel. Generally speaking, no right to counsel exists in 1983 actions. Wahl v. McIver, 773 F.2d 1169, 1174 (11th Cir. 1985); Mekdeci v. Merrel Nat'l Lab., 711 F.2d 1510, 1522 n.19 (11th Cir. 1983). Appointment of counsel is a privilege that is justified only by exceptional circumstances. Lopez v. Reyes, 692 F.2d 15, 17 (5th Cir. 1982); Branch v. Cole, 686 F.2d 264, 266 (5th Cir. 1982); Ulmer v. Chancellor, 691 F.2d 209 (5th Cir. 1982). In deciding whether to appoint counsel, a district court has broad discretion... and should appoint counsel only in exceptional circumstances. Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir.1999) (addressing the district courts denial of a motion for appointment of counsel in a section 1983 action). In deciding whether legal counsel should be provided, the Eleventh Circuit has made clear that courts should typically consider, among other factors, the merits of the plaintiffs claim and the complexity of the issues presented. See Holt v. Ford, 862 F.2d 850, 853 (11th Cir. 1989); Dean v. Barber, 951 F.2d 1210, 1216 (11 Cir. 1992). As applied here, the case presents no exceptional circumstances. The issues are straightforward, and plaintiff has personal knowledge of the facts underlying his allegations. See Fowler v. Jones, 899 F.2d 1088, 1096 (11th Cir.1990)(finding no exceptional circumstances where the claims are relatively straightforward and based on incidents personally experienced by the plaintiff, and where the plaintiff was capable of adequately representing himself in the matter). The facts herein are ascertainable by the plaintiff and it has been recommended that this case be dismissed as duplcative. The issue presently before the court does not warrant the assistance of court-appointed legal counsel since they are not complicated or unusual, nor is the law governing the claims novel or complex. Plaintiff, like any other pro se litigant, would likely benefit from the assistance of a lawyer, but his claims are not so unusual that it would require, at this juncture, the appointment of counsel. See Bass, 170 F.3d at 1320; see also Wright v. Langford, 2014 WL 1302628, at *6 (11 Cir. 2014). Signed by Magistrate Judge Lisette M. Reid on 7/17/2020. (nn)
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| Filing 6 Request for Court Appointed Attorney by William Hernandez. Responses due by 7/31/2020 (ebz) |
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Filing 5
ORDER TO CLERK TO NOTIFY INSPECTOR GENERALOF THE FLORIDA DEPARTMENT OF CORRECTIONS AND WARDENOF AFFECTED INSTITUTION REGARDING INMATE CLAIM OFSUICIDAL INTENT OR OTHER IMMINENT PHYSICAL HARM. Signed by Magistrate Judge Lisette M. Reid on 7/13/2020. See attached document for full details. (br)
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| Filing 4 REPORT AND RECOMMENDATIONS on 42 USC 1983 case re #1 Complaint 42 USC 1983 or Bivens filed by William Hernandez; Recommending that this case, No. 20-22593-CV-Ungaro, be DISMISSED as duplicative of Hernandez v. Inch, No. 3:20-cv-03650-MCR-EMT, currently pending in the Northern District of Florida. Objections to R&R due by 7/27/2020. Signed by Magistrate Judge Lisette M. Reid on 7/13/2020. See attached document for full details. (br) |
| Filing 3 EMERGENCY MOTION for Injunction by William Hernandez. (ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro 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 Department of Corrections. Filing fee $ 400.00 not paid/no ifp filed, filed by William Hernandez.(drz) |
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| Defendant: Department of Corrections | |
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