Kincaid v. Monroe County Detention Center et al
| Eric Lee Kincaid |
| Monroe County Detention Center and Aro Mark |
| 4:2020cv10060 |
| June 12, 2020 |
| US District Court for the Southern District of Florida |
| James Lawrence King |
| Lisette M Reid |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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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 without 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 8/6/2020. (jb01)
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| Filing 6 MOTION to Appoint Attorney by Eric Lee Kincaid. Responses due by 8/3/2020 (jbs) |
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Filing 5
ORDER granting #3 Motion for Leave to Proceed in forma pauperis 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. The plaintiff owes the United States a debt of $350.00 which must be paid to the Clerk of the Court as funds become available.USM Service NOT Ordered. Signed by Magistrate Judge Lisette M. Reid on 6/17/2020. See attached document for full details. (br)
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Filing 4
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Lisette M. Reid on 6/17/2020. See attached document for full details. (br)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Eric Lee Kincaid. (Attachments: #1 Inmate Balance History Report)(ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Senior Judge James Lawrence King 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. (ebz) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Aro Mark, Monroe County Detention Center. Filing fee $ 400.00. IFP Motion Filed, filed by Eric Lee Kincaid. (Attachments: #1 Exhibit)(ebz) |
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