London v. Kelley et al
Filing
60
ORDER 56 ADOPTING REPORT AND RECOMMENDATIONS in its entirety as set forth. Signed by Honorable Robert T. Dawson on September 23, 2015. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
BARRY D. LONDON
PLAINTIFF
v.
No. 14-CV-6017
WENDY KELLEY; DR. L. MURPHY;
DR. J. JONES; and DR. M. KIRK, JR.
DEFENDANTS
ORDER
Now on this 23rd day of September, 2015, there comes on for
consideration the report and recommendation (Doc. 56) filed by
the Honorable Barry A. Bryant, United States Magistrate Judge
for the Western District of Arkansas, in regard to a motion for
summary judgment (Doc. 41) filed by Defendant Wendy Kelley and a
motion for summary judgment (Doc. 49) filed by Defendants Dr.
Anne Murphy, Dr. Marvin Kirk, and Jeffrey Jones.
Also before
the
report
Court
are
recommendation
Plaintiff’s
(Doc.
58),
objections
and
to
Plaintiff’s
the
motion
to
and
appoint
counsel (Doc. 57).
A
civil
litigant
does
not
have
a
constitutional
or
statutory right to appointed counsel in a civil action, but the
Court
may
appoint
§ 1915(e)(1).
attorney,
the
counsel
at
its
discretion.
28
U.S.C.
The Court has considered Plaintiff’s need for an
likelihood
that
Plaintiff
Page 1 of 2
will
benefit
from
assistance
of
counsel,
the
factual
complexity
of
the
case,
Plaintiff’s ability to investigate and present his case, and the
complexity of the legal issues.
In considering these factors,
the Court finds Plaintiff’s case is not legally or factually
complex,
and
it
investigating
appears
and
that
presenting
his
he
has
case.
been
The
capable
Court
of
finds
it
unlikely that Plaintiff would benefit materially from assistance
of counsel.
Plaintiff’s motion to appoint counsel (Doc. 57) is
accordingly DENIED.
The Court has reviewed this case de novo and, being well
and
sufficiently
advised,
finds
as
follows:
The
report
and
recommendation is proper and should be and hereby is ADOPTED in
its
entirety.
Accordingly,
the
motion
for
summary
judgment
filed by Defendant Wendy Kelley (Doc. 41) is GRANTED; and the
motion for summary judgment filed by Defendants Dr. Anne Murphy,
Dr.
Marvin
Kirk,
and
Jeffrey
Jones
(Doc.
49)
is
GRANTED.
Plaintiff’s motion to appoint counsel (Doc. 57) is DENIED as
stated above.
Plaintiff’s Complaint (Doc. 1) and the supplement
thereto (Doc. 23) are DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
Page 2 of 2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?