Fulford v. Crawford

Filing 5

ORDER ADOPTING AND ACCEPTING 3 MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS and Transferring this Case to the Middle District of Alabama; Original electronic record and certified copies of docket entries will be emailed to the Clerk of Court of the Middle District of Alabama within 10 business days from the entry date of this Order. Plaintiff's 4 MOTION to Appoint Counsel is DENIED. Signed by Judge Virginia Emerson Hopkins on 12/13/2016. (JLC)

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FILED 2016 Dec-13 AM 11:11 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DEMETRIS J. FULFORD, Plaintiff, v. COI MARKIS L. CRAWFORD, Defendant. ) ) ) ) ) Case No.: 2:16-CV-1692-VEH-JHE ) ) ) ) ) ORDER ADOPTING AND ACCEPTING MAGISTRATE’S RECOMMENDATION AND TRANSFERRING CASE On November 2, 2016, the magistrate recommended that this case be transferred to the United States District Court for the Middle District of Alabama. (Doc. 3 at 2). The time for filing objections to the recommendation has expired and no party has objected. However, on November 16, 2016, the Plaintiff filed a Motion for the Appointment of Counsel. (Doc. 4). Appointment of counsel in civil litigation is not a right, but a privilege justified only by exceptional circumstances, such as where the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner. Fowler v. Jones, 899 F.2d 1093, 1096 (11th Cir. 1990). Further, the United States Supreme Court has held that attorneys may not be compelled to accept appointment in § 1983 cases. Mallard v. United States District Court for the Southern District of Iowa, 490 U.S. 296, 109 S.Ct. 1814, 104 L.Ed.2d 318 (1989). The issues in this litigation are neither novel nor complex. See Ulmer v. Chancellor, 691 F.2d 209 (5th Cir. 1982). Accordingly, plaintiff's Motion for Appointment of Counsel is DENIED. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the magistrate judge’s report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. The clerk of court is hereby ORDERED to TRANSFER this matter to the United States District Court for the Middle District of Alabama. DONE and ORDERED this 13th day of December, 2016. VIRGINIA EMERSON HOPKINS United States District Judge 2

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