Johnson v. LeBlanc et al
| James Anthony Johnson |
| Geoffrey Thompson, James LeBlanc and Gregg Smith |
| 2:2019cv00830 |
| June 26, 2019 |
| US District Court for the Western District of Louisiana |
| James D Cain |
| Kathleen Kay |
| Prisoner Petitions: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 21, 2019. A more recent docket listing may be available from PACER.
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| Filing 10 RESPONSE by James Anthony Johnson re #9 Memorandum Order. (Attachments: #1 Envelope)(crt,ThomasSld, T) |
Filing 9
MEMORANDUM ORDER re #7 Order on Motion for Leave to Proceed in forma pauperis. IT IS ORDERED that Johnsons IFP status and the order [doc. 7] instructing the Sheriff, Warden, or authorized prison official to forward funds the Clerk of Court in regard to this matter, are hereby REVOKED and RESCINDED. THE CLERK IS DIRECTED to send a copy of this order to the Calcasieu Correctional Center. IT IS ALSO ORDERED that, in order for this complaint to remain viable, Johnson must pay the full filing fee of four hundred dollars ($400.00) within twenty (20) days of the date of this order. FAILURE TO PAY THE FULL FILING FEE WILL RESULT IN THE PLEADINGS BEING STRICKEN FROM THE RECORD. Signed by Magistrate Judge Kathleen Kay on 8/8/2019. (crt,ThomasSld, T)
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| Filing 8 REQUEST from James Johnson for 1983 civil rights form and paupuer form. Clerk mailed forms as requested on 08/08/2019. (Public entry, but no electronic notice.) (Attachments: #1 Envelope) (crt,Williams, L) |
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Filing 7
(REVOKED AND RESCINDED) MEMORANDUM ORDER granting #2 Motion for Leave to Proceed in forma pauperis. No initial filing fee due. Further ordered that plaintiff make payments of 20 percent of income for preceding month until $350.00 has been paid in full. Clerk manually noticed Prison Accounts Officer. Signed by Magistrate Judge Kathleen Kay on 7/11/2019. (crt,Williams, L) Modified to indicate document revoked and rescinded on 8/9/2019 (ThomasSld, T).
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Filing 6
ELECTRONIC ORDER denying #3 Motion to Appoint Counsel. Congress has not specifically authorized courts to appoint counsel for plaintiffs proceeding under 42 U.S.C. 1983. Generally no right to counsel exists in 1983 actions [but] appointment of counsel should be made as authorized by 28 U.S.C. 1915 where exceptional circumstances are present. Robbins v. Maggio, 750 F.2d. 405 (5th Cir. 1985). It is proper for the court to consider the following factors when determining : whether the plaintiff is entitled to have the court request that counsel assist him in his suit: the type and complexity of the case; the plaintiffs ability to adequately present and investigate his case; the presence of evidence which largely consists of conflicting testimony so as to require skill in presentation of evidence and cross-examination; and the likelihood that appointment will benefit the petitioner, the court, and the defendants by shortening the trial and assisting in just determination. Parker v. Carpenter, 978 F.2d. 190 (5th Cir. 1992) (citing Murphy v. Kellar, 950 F.2d. at 293, n.14. Additionally, a court may consider whether a plaintiff has demonstrated the inability to secure private counsel on his own behalf. Jackson v. Cain, 864 F.2d. 1235, 1242 (5th Cir.1989). Plaintiff is not excused from trying to procure counsel for himself.No special legal knowledge is required of plaintiff herein. Indeed, plaintiff, and no one else, has first-hand knowledge of the facts which form the basis of this action. Plaintiffs claims are not necessarily atypical of those often asserted in civil rights litigation and are not complex. Finally, although plaintiff claims he cannot afford representation, plaintiff has failed to demonstrate that he has attempted to procure counsel on his behalf. Accordingly, plaintiffs request for appointment of counsel is denied as the circumstances presented herein are not exceptional so as to warrant the appointment of counsel. Moreover, plaintiffs request is denied because plaintiff has failed to demonstrate any effort to secure counsel on his own behalf. Signed by Magistrate Judge Kathleen Kay on 7/11/2019. (jud,Kay, Kathleen)
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Filing 5
ELECTRONIC ORDER: This matter is hereby reassigned. Case reassigned to Judge James D Cain, Jr. Unassigned District Judge no longer assigned to case. Any pending motions and deadlines or hearings previously set before Unassigned District Judge are hereby reset before Judge Cain. All future filings should bear the name of the new judge assignment. Signed by Chief Judge S Maurice Hicks Jr.(crt,Whidden, C)
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| Filing 4 PROPOSED MEMORANDUM ORDER re #2 Motion for Leave to Proceed in forma pauperis referred to Magistrate Judge Kathleen Kay. (Public entry, but no electronic notice). (crt,Thigpen, M) |
| CASE Assigned to Unassigned District Judge and Magistrate Judge Kathleen Kay. Motions referred to Magistrate Judge Kathleen Kay. (crt,Thigpen, M) |
| Filing 3 MOTION to Appoint Counsel by James Anthony Johnson. (crt,Miletello, A) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by James Anthony Johnson. (Attachments: #1 Envelope)(crt,Miletello, A) |
| Filing 1 COMPLAINT against James LeBlanc, Gregg Smith, Geoffrey Thompson with Jury Demand filed by James Anthony Johnson. (Attachments: #1 Civil cover sheet, #2 Envelope)(crt,Miletello, A) |
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