Noe v. Alabama Department of Corrections (INMATE1)

Filing 6

ORDER denying 5 Motion for appointment of counsel. Signed by Honorable Charles S. Coody on 8/6/2009. (cc, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION WOODBURCK NOE, #148475, Plaintiff, v. ALABAMA DEPT. OF CORRECTIONS, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER The plaintiff filed a motion for appointment of counsel on August 5, 2009 (Court Doc. No. 5). The court notes that the facts underlying the plaintiff's pending claims for relief are relatively simple, the law applicable to such claims is not complex nor is the plaintiff required to cite any case law to this court in order to proceed on his claims. Moreover, the pleadings filed in this case and several other cases filed by plaintiff with this court establish that the plaintiff is more than capable of presenting the relevant facts and necessary elements of his claims to this court and likewise 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, the interests of justice do not compel appointment of counsel at this time, and it is ORDERED that the motion for appointment of counsel be and is hereby DENIED. Done this 6th day of August, 2009.

CIVIL ACTION NO. 2:09-CV-692-WHA [WO]

/s/ Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE