Allen v. Mosley et al (INMATE1)

Filing 5

ORDER denying 3 Motion for Appointment of Counsel. Signed by Judge Susan Russ Walker on 11/15/06. (wcl, )

Allen v. Mosley et al (INMATE1)

Doc. 5

Case 2:06-cv-01020-MHT-SRW

Document 5

Filed 11/15/2006

Page 1 of 1

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DAVID ALLEN, #150171, Plaintiff, v. GWENDOLYN MOSLEY, et al., Defendants ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:06-CV-1020-MHT [WO]

ORDER ON MOTION The plaintiff filed a motion for appointment of counsel on November 15, 2006 (Court Doc. No. 3). The court notes that the facts underlying the plaintiff's claims for relief are relatively simple and the law applicable to such claims is not complex. Moreover, the pleadings filed in this case establish that the plaintiff is capable of presenting the necessary elements of his claims to this court and fail to demonstrate that there are exceptional circumstances justifying appointment of counsel. See Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999); Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993); Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992). Accordingly, it is ORDERED that the motion for appointment of counsel be and is hereby DENIED. Done this 15th day of November, 2006.

/s/ Susan Russ Walker SUSAN RUSS WALKER UNITED STATES MAGISTRATE JUDGE

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