Gray v. Bowers et al

Filing 55

ORDER denying 54 Motion for appointment of counsel and Motion for hearing. The Court will rule on defendants' pending motions for summary judgment in due course. If Plaintiff desires, he shall file a response to the 51 Motion for Summary Judgment within 14 days of this Order's entry date. Signed by Magistrate Judge Patricia S. Harris on 1/7/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
RUBBY JAMES GRAY
v.

PLAINTIFF
No: 3:17-cv-00323 BSM-PSH

KEITH BOWERS, et al.

DEFENDANTS
ORDER

Before the Court is a motion for appointment of counsel filed by plaintiff Rubby James
Gray (Doc. No. 54). The motion is DENIED. A civil litigant does not have a constitutional or
statutory right to appointed counsel in a civil action, but the Court may appoint counsel at its
discretion. 28 U.S.C. ' 1915(e)(1). The Court has considered plaintiff=s need for an attorney, the
likelihood that plaintiff will benefit from assistance of counsel, the factual complexity of the case,
the plaintiff=s ability to investigate and present his case, and the complexity of the legal issues. In
considering these factors, the Court finds that plaintiff=s claims do not appear legally or factually
complex, and it appears he is capable of prosecuting his claims without appointed counsel at this
time.
Plaintiff also moves for a hearing in this case. There is no need for a hearing at this time.
The Court will rule on defendants’ pending motions for summary judgment in due course. If
plaintiff intends to respond to the motion for summary judgment filed by defendants Keith Bowers
and Todd Harrell (Doc. No. 51), the response must be filed within fourteen (14) days of this order’s
entry date. In opposing the motion for summary judgment, plaintiff may attach affidavits that he
or others have signed. Because affidavits are sworn statements, they must be either notarized or

declared under penalty of perjury (see 28 U.S.C. ' 1746). Unsworn statements will not be
considered in deciding the motion for summary judgment. And to be considered, an affidavit must
be based on personal knowledge of the person who signs it. If plaintiff files a response, he must
also file a separate, short statement setting forth the disputed facts that he believes must be decided
at trial. See Local Rule 56.1, Rules of the United States District Court for the Eastern District of
Arkansas. While plaintiff is not required to file a response to the motion for summary judgment,
if he does not respond, the Court can assume that the facts set out in the statement of facts are true.
IT IS SO ORDERED this 7th day of January, 2019.

UNITED STATES MAGISTRATE JUDGE 

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