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)

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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

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