Lindsey v. Hollenbeck et al

Filing 26

ORDER affirming 19 Order of the Magistrate denying Mr. Lindsey's motion 5 and 16 . Signed by Honorable P. K. Holmes, III on January 13, 2014. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION JOSEPH LINDSEY v. PLAINTIFF Case No. 2:13-CV-02192 SHERIFF WILLIAM HOLLENBECK, Sebastian County, Arkansas; JAIL ADMINISTRATOR JOHN DEVANE; MEDICAL ADMIN. PAM CARNELL; ASST. MEDICAL ADMIN. KATHY JONES; INMATE MANAGEMENT JOHN MILLER; DIRECTOR OF NURSES CINDY MOORE; and NURSE CHERYL MAKINSON, all in their official and individual capacities DEFENDANTS ORDER Currently before the Court is Plaintiff Joseph Lindsey’s motion (Doc. 25) to review the Magistrate’s order (Doc. 19) denying Mr. Lindsey’s motions (Docs. 5 and 16) to appoint counsel. Having reviewed the Magistrate’s order and Mr. Lindsey’s objections, the Court cannot find that the Magistrate’s order was clearly erroneous or contrary to law. Fed. R. Civ. P. 72(a). As stated by the Magistrate, the facts and claims involved in this matter do not appear to be so complex that Mr. Lindsey will be unable to effectively represent himself. Mr. Lindsey has, in fact, adequately represented himself thus far in the litigation. The Court also notes that Mr. Lindsey has filed another motion to appoint counsel, which is currently pending before the Magistrate. The Magistrate is free to re-evaluate appointment of counsel as this litigation progresses in light of any changes in circumstance. In the event his current motion is denied, Mr. Lindsey should avoid filing future motions for appointment of counsel unless he can note a material change in circumstance that would warrant reconsideration by the Magistrate. IT IS THEREFORE ORDERED that the order (Doc. 19) of the Magistrate denying Mr. -1- Lindsey’s motions (Docs. 5 and 16) to appoint counsel is AFFIRMED. IT IS SO ORDERED this 13th day of January, 2014. /s/P. K. Holmes, III P.K. HOLMES, III CHIEF U.S. DISTRICT JUDGE -2-

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