Downes v. Department of Corrections et al (INMATE 1)
ORDERED as follows: (1) Plaintiff's 87 motion for reconsideration is DENIED; and (2) Plaintiff's 86 objection to the order denying appointment of counsel is OVERRULED. Signed by Chief Judge William Keith Watkins on 12/15/2015. (kh, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
JAMES R. DOWNES, # 281824,
CARTER DAVENPORT, et al.,
) CASE NO. 2:15-CV-437-WKW
On December 9, 2015, Plaintiff filed an objection (Doc. # 86) to the court’s
order of November 20, 2015 (Doc. #84). The court construes the objection as a
motion for reconsideration of the order denying Plaintiff’s motions for preliminary
injunction. Plaintiff’s arguments do not address the requirements he must show in
order to warrant the extraordinary relief of a preliminary injunction. Therefore, his
motion for reconsideration is due to be denied.
Plaintiff also states that he has requested appointment of counsel “by several
motions” and has been denied counsel each time. (Doc. # 86, at 1.) A review of
the record shows that Plaintiff did move for appointment of counsel twice, and the
motions were denied both times. (Docs. # 4, 8, 41, 42.) His most recent motion
was filed on August 18, 2015. (Doc. # 41.) The court construes these assertions as
an objection to the order denying appointment of counsel (Doc. # 42). That order
was entered on August 19, 2015, and therefore Plaintiff’s objection is due to be
denied as untimely. See Fed. R. Civ. P. 72(a). In addition, nothing about the
denial of Plaintiff’s motion for a preliminary injunction changes the facts or
circumstances of this case in order to warrant appointment of counsel. See Bass v.
Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999).
Accordingly, it is ORDERED as follows:
Plaintiff’s motion for reconsideration (Doc. # 87) is DENIED; and
Plaintiff’s objection (Doc. # 86) to the order denying appointment of
counsel is OVERRULED.
DONE this 15th day of December, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE
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