Johnson v. Ritter et al

Filing 18

ORDER denying 12 Motion for Reconsideration filed by Robert Luther Johnson, Jr. Signed by Honorable James R. Marschewski on October 31, 2011. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION ROBERT LUTHER JOHNSON, JR. v. PLAINTIFF Civil No. 11-2140 SERGEANT RITTER; CAPTAIN CONGER, SHERIFF HOLLENBECK, Sebastian County, Arkansas; DR. TINSMAN; and NURSE LORA DEFENDANTS ORDER On October 19, 2011, Plaintiff filed a motion to reconsider (Doc. 12) the order entered on October 7, 2011 (Doc. 9), denying his motion for appointment of counsel. Plaintiff states he has been in special education all of his life. He maintains he does not have the “understanding” to represent himself. There is no constitutional or statutory right to the appointment of counsel in civil cases. See Mallard v. United States District Court, 490 U.S. 296, 301-02 (1989); Edgington v. Missouri Dept. of Corrections, 52 F.3d 777, 780 (8th Cir. 1995). After careful review of the file, including supplements to the complaint filed by the Plaintiff (Doc. 7 & Doc. 8), the Court believes Plaintiff has a sufficient understanding of the issues to be able to represent himself. The motion for reconsideration (Doc. 12) is denied. Dated this 31st day of October 2011. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI CHIEF UNITED STATES MAGISTRATE JUDGE AO72A (Rev. 8/82)

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