Silvia v. Coyne-Fague
| Robert H. Silvia |
| Particia Coyne-Fague |
| 1:2019cv00099 |
| February 27, 2019 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Prisoner: Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Filing 4
REPORT AND RECOMMENDATIONS re #1 Complaint filed by Robert H. Silvia. I recommend that Plaintiff be afforded leave to amend withinthirty days of the Courts adoption of my report and recommendation. See 28 U.S.C. 1915(e)(2), 1915A. If Plaintiff opts not to file an amended complaint within that time period, or if his amended complaint fails to cure the deficiencies identified above, I recommend that the case be dismissed for failure to state a claim Objections to R&R due by 4/8/2019.. So Ordered by Magistrate Judge Patricia A. Sullivan on 3/25/2019. (Saucier, Martha)
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TEXT ORDER denying #3 Motion to Appoint Counsel. Plaintiffs Motion for Appointment of Counsel (ECF No. 3) is denied without prejudice. There is no constitutional right to free counsel in a civil case. DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991). To qualify for this scarce resource, a party must be indigent and exceptional circumstances must exist such that the denial of counsel will result in fundamental unfairness impinging on the partys due process rights. Choksi v. Trivedi, 248 F. Supp. 3d 324, 328 (D. Mass. 2017) (citing DesRosiers, 949 F.2d at 23). Plaintiffs indigence has been established based on his prisoner trust fund account statement; however, in my report and recommendation issued today, I found Plaintiffs complaint to be deficient and recommended that it be dismissed unless he files an amended complaint curing those deficiencies and stating a plausible claim for relief. Accordingly, at this phase of the case, the exceptional circumstances that justify appointment of counsel in a civil case are not present.. So Ordered by Magistrate Judge Patricia A. Sullivan on 3/25/2019. (Saucier, Martha)
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| MOTIONS REFERRED: #2 MOTION for Leave to Proceed in forma pauperis and #3 MOTION to Appoint Counsel referred for determination to Magistrate Judge Patricia A. Sullivan. (Jackson, Ryan) |
| Filing 3 MOTION to Appoint Counsel filed by Robert H. Silvia. Responses due by 3/13/2019. (McGuire, Vickie) |
| Filing 3 MOTION to Appoint Counsel filed by Robert H. Silvia. Responses due by 3/13/2019. (McGuire, Vickie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Robert H. Silvia. (McGuire, Vickie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Robert H. Silvia. (McGuire, Vickie) |
| Filing 1 COMPLAINT ( filing fee paid $ 400.00 receipt number IFP Pending ), filed by Robert H. Silvia. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(McGuire, Vickie) |
| Filing 1 COMPLAINT ( filing fee paid $ 400.00 receipt number IFP Pending ), filed by Robert H. Silvia. (Attachments: #1 Civil Cover Sheet, #2 Envelope)(McGuire, Vickie) |
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