MARTIN v. BIRKHEAD et al
| BRANDON OTHA MARTIN |
| CHARLES F. BIRKHEAD, M. SPENCER, GLASSCOCK, J. WOODARD, MS. MAYS, MS. HOLLOWAY and MRS. GREEN |
| 1:2024cv00165 |
| February 22, 2024 |
| US District Court for the Middle District of North Carolina |
| LORETTA C BIGGS |
| JOE L WEBSTER |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on April 15, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 13 Summons Issued as to CHARLES F. BIRKHEAD. (al) |
| Filing 12 Summons Issued as to GLASSCOCK. (lg) |
| Filing 11 SUPPLEMENT to #5 Amended Complaint, filed by Plaintiff BRANDON OTHA MARTIN. (Attachments: #1 Envelope - Front and Back) (lg) |
| Filing 10 USMS Return Unexecuted as to J. WOODARD. (al) |
| TEXT ORDER Denying without prejudice #7 Motion for Appointment of Counsel. Plaintiff has moved for appointment of counsel, attaching to his motion his efforts to obtain a lawyer. (See Docket Entry 7.) A litigant has no right to appointed counsel in a 42 U.S.C. 1983 suit. Alexander v. Parks, 834 F. App'x 778, 782 (4th Cir. 2020). The court may appoint counsel in civil cases only when exceptional circumstances exist. Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975). "Whether the circumstances are exceptional depends on the type and complexity of the case, and the abilities of the individuals bringing it." Lowery v. Bennett, 492 F. App'x 405, 411 (4th Cir. 2012) (internal quotations and citation omitted). "If it is apparent to the district court that a pro se litigant has a colorable claim but lacks the capacity to present it, the district court should appoint counsel to assist him." Gordon v. Leeke, 574 F.2d 1147, 1153 (4th Cir. 1978). Here, Plaintiff has not demonstrated that this is an exceptional case warranting appointment of counsel at this juncture. Plaintiff's claims are not complex, and Plaintiff's submissions thus far show that he is capable of representing himself in this matter. Plaintiff's motion for appointment of counsel is therefore denied without prejudice at this time. Issued by MAG/JUDGE JOE L. WEBSTER on 3/25/2024.(pl) |
| Filing 9 Notice of Right to Consent. USMO shall serve the attached form on all parties. (Attachments: #1 Consent to jurisdiction)(al) |
| Filing 8 Summons Issued as to GREEN, HOLLOWAY, MAYS, M. SPENCER, J. WOODARD. (Attachments: #1 Envelope - Front and Back)(al) |
| Motions Referred to MAG/JUDGE JOE L. WEBSTER RE: #7 MOTION to Appoint Counsel. (lg) |
| Filing 7 MOTION to Appoint Counsel by BRANDON OTHA MARTIN. (al) |
| Filing 6 SUPPLEMENT re #2 Complaint by Plaintiff BRANDON OTHA MARTIN. (al) |
Filing 4
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 03/04/2024, that Plaintiff in the above-named action be, and is hereby, permitted to file and prosecute said action in this Court without prepayment of fees or giving security therefor, subject to the conditions set forth herein. FURTHER ORDERED that the Clerk shall send Plaintiff a summons for each defendant named in the complaint. Plaintiff must fill out a summons for each defendant, including an address suitable for service, and then return the summons(es) to the Clerk. Failure to provide an address wherein service may be made on any defendant will result in the dismissal of the action as to all such unserved defendants after 90 days from the filing of the complaint. See Fed. R. Civ. P. 4(m). FURTHER ORDERED that the United States Marshall, upon return of the properly completed summons(es) shall serve the Complaint on the defendant(s). (al)
|
| Filing 5 AMENDED COMPLAINT against All Defendants, filed by BRANDON OTHA MARTIN. (Attachments: #1 Application to Proceed IFP, #2 Envelope - Front and Back) (lg) |
| CASE REFERRED for Screening (cb) |
| Case Assigned to JUDGE LORETTA C. BIGGS and MAG/JUDGE JOE L. WEBSTER. (cb) |
| Filing 3 SUPPLEMENT re #2 Complaint by Plaintiff BRANDON OTHA MARTIN. (Attachments: #1 Envelope - Front and Back)(cb) |
| Filing 2 COMPLAINT against All Defendants, filed by BRANDON OTHA MARTIN. (Attachments: #1 Cover Letter, #2 Envelope - Front and Back)(cb) |
| Filing 1 APPLICATION to Proceed IFP by BRANDON OTHA MARTIN. (cb) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
