Johnson v. Ritter et al
ORDER denying 12 Motion for Reconsideration filed by Robert Luther Johnson, Jr. Signed by Honorable James R. Marschewski on October 31, 2011. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
ROBERT LUTHER JOHNSON, JR.
Civil No. 11-2140
SERGEANT RITTER; CAPTAIN
CONGER, SHERIFF HOLLENBECK,
Sebastian County, Arkansas; DR.
TINSMAN; and NURSE LORA
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
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