Dorsey v. United States of America et al
| Robert Sterling Dorsey |
| Bureau of Prisons Employees, Several Unknown John and Jane Mailroom Staff, D L Smith, United States of America, Hector Joyner and Jacqueline R Brown |
| 5:2019cv00050 |
| January 7, 2019 |
| US District Court for the District of South Carolina |
| Richard M Gergel |
| Kaymani D West |
| Prison:Prison Condition |
| 42 U.S.C. § 1983 |
| Plaintiff |
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| Filing 26 USM-285 Returned Executed. Attorney General of the United States served on 2/22/2019. (Attachments: #1 Certified Receipt)(prou, ) |
| Filing 25 ***DOCUMENT MAILED: 24 Text Order on Motion for Reconsideration, placed in U.S. Mail to Robert Sterling Dorsey, #43739-083, FCI Estill, PO Box 699, Estill, SC 29918. (prou, ) |
Filing 24
TEXT ORDER: On February 11, 2019, the undersigned issued an order denying Plaintiff's Motion to Appoint Counsel. See ECF No. 17 . Ten days later, Plaintiff filed a Motion for Reconsideration. ECF No. #23 . In his Motion for Reconsideration, Plaintiff states that the issues in his case are complex and that he has problems conducting legal research. Id. at 1. He also asserts that he has problems making copies of pertinent materials, obtaining records, and obtaining the names of government employees so that he can serve them. Id. Plaintiff further argues that his access to the courts has been denied because the law library was locked for several days over a six month period. Id. Plaintiff argues that such lockdowns are a violation of his right to unrestricted access to this courts. Id. Plaintiff also requests that the court issue an injunction to prevent the administration at FCI Estill from restricting access to the law library and legal materials in the event the court again denies his Motion to Appoint Counsel. Id. at 3.As the court previously held, there is no right to appointed counsel in a 1983 case. Cf. Hardwick v. Ault, 517 F.2d 295 (5th Cir. 1975). Although the court has discretion to appoint counsel for an indigent in a civil action, 28 U.S.C. 1915(e)(1); Smith v. Blackledge, 451 F.2d 1201 (4th Cir. 1971), such appointment "should be allowed only in exceptional cases." Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975). The existence of exceptional circumstances "will turn on the quality of two basic factors - the type and complexity of the case, and the abilities of the individuals bringing it." Brock v. City of Richmond, 983 F.2d 1055 (4th Cir. 1993) (unpublished table decision) (quoting Whisenant v. Yaum, 739 F.2d 160, 163 (4th Cir. 1984)). Further, Plaintiff's participation in this case has been adequate, and Plaintiff has shown that he is able to represent his interests in the lawsuit. Therefore, Plaintiff's Motion to Reconsider, ECF No. #23 , is denied. To the extent Plaintiff seeks medical records, Plaintiff should serve a discovery request on Defendants pursuant to Federal Rule of Civil Procedure 26 once Defendants have been served and have made an appearance in this case. To the extent that Plaintiff seeks an injunction against Defendants, Plaintiff must file a proper Motion for an Injunction and a supporting memorandum. However, the court cannot interfere with administrative matters within a prison. See generally Sweet v. S.C. Dep't of Corrections, 529 F.2d 854, 859 (4th Cir. 1975) (describing Federal Court's deference to prison administrators and all administrative matters unless the condition arises to the level of a constitutional violation). Signed by Magistrate Judge Kaymani D West on 2/25/2019.(prou, )
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| Filing 23 MOTION for Reconsideration re 17 Order on Motion to Appoint Counsel by Robert Sterling Dorsey. Response to Motion due by 3/7/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Supporting Documents, #2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) |
| Filing 20 ***DOCUMENTS MAILED: 17 Order on Motion to Appoint Counsel, #16 Order 1983 w/NEF, placed in U.S. Mail to Robert Sterling Dorsey, #43739-083, FCI Estill, PO Box 699, Estill, SC 29918. (prou, ) |
| Filing 19 Summons Issued as to Jacqueline R Brown, Hector Joyner, Several Unknown John and Jane Mailroom Staff, D L Smith. Service due by 5/13/2019. (prou, ) |
| Filing 18 Summons Issued as to United States of America. U.S. Attorney and U.S. Attorney General. Service due by 5/13/2019. (prou, ) |
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Filing 17
ORDER denying #13 Motion to Appoint Counsel per #16 Order. Signed by Magistrate Judge Kaymani D West on 2/11/2019.(prou, )
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Filing 16
ORDER authorizing service of process. Signed by Magistrate Judge Kaymani D West on 2/11/2019. (prou, )
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| Filing 13 MOTION to Appoint Counsel by Robert Sterling Dorsey. Response to Motion due by 2/20/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) |
| Filing 11 ***DOCUMENTS MAILED: #9 Proper Form Order w/NEF, three Summons, seven USM-285 Forms, Local Rule 26.01 Interrogatories, 10 Order on Motion for Leave to Proceed in forma pauperis, placed in U.S. Mail to Robert Sterling Dorsey, #43739-083, FCI Estill, PO Box 699, Estill, SC 29918. (prou, ) |
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Filing 10
ORDER granting #2 Motion for Leave to Proceed in forma pauperis per #9 Proper Form Order. Signed by Magistrate Judge Kaymani D West on 1/14/2019.(prou, )
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Filing 9
PROPER FORM ORDER: Case to be brought into proper form by 2/4/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6. Signed by Magistrate Judge Kaymani D West on 1/14/2019. (prou, )
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| Filing 4 TRUE DIVISION FOR TRIAL: Beaufort. (prou, ) |
| Filing 3 Local Rule 26.01 Answers to Interrogatories by Robert Sterling Dorsey. (Attachments: #1 Envelope)(prou, ) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Robert Sterling Dorsey. Response to Motion due by 1/22/2019. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. (Attachments: #1 Individualized Reentry Plan, #2 Envelope)No proposed order.Motions referred to Kaymani D West.(prou, ) |
| Filing 1 COMPLAINT against Jacqueline R Brown, Bureau of Prisons Employees, Hector Joyner, Several Unknown John and Jane Mailroom Staff, D L Smith, United States of America, filed by Robert Sterling Dorsey. Service due by 4/8/2019. (Attachments: #1 Supporting Documents, #2 Envelope)(prou, ) |
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