Wilmoth v. Roberts et al

Filing 64

ORDER denying 59 Motion to Appoint Counsel; Further Denying as moot 60 Motion for transcripts and 61 Motion to Compel Discovery. Signed by Honorable P. K. Holmes, III on July 19, 2018. (hnc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
MICHAEL SHANE WILMOTH
v.

PLAINTIFF
No. 6:15-CV-06057

SERGEANT GARNER, et al.

DEFENDANTS
ORDER

Before the Court are Plaintiff’s motion to appoint counsel (Doc. 59), motion for transcripts
(Doc. 60), and motion to compel discovery (Doc. 61). Defendants Hewitt and Brooks have filed
responses (Docs. 62 and 63) in opposition to the motions for transcripts and to compel discovery.
All three motions will be denied.
With respect to the motion for transcripts, Plaintiff requests only the transcript of his own
deposition, taken May 4, 2018. Defendants respond that they have provided copies of the
transcript, which they obtained at their own expense, to Plaintiff. This motion will be denied as
moot.
With respect to the motion to compel discovery, Plaintiff conclusorily states that he has not
received all discovery requested and ordered. Defendants respond that not only have the complied
with the Court’s order regarding document production, but they have provided Plaintiff with all
documents in their possession that he has requested. Furthermore, they again provide him with
those documents by serving them as attachments to their response here. As Plaintiff has provided
no basis for his statement that the discovery he previously received was incomplete, and as
Defendants are again providing that discovery, the motion will be denied as moot.
With respect to the motion to appoint counsel, a civil party has no right to appointed
counsel. Plaintiff thus far appears capable of presenting his case. The motion will be denied

without prejudice to its refiling should Plaintiff’s case survive summary judgment.
IT IS THEREFORE ORDERED that Plaintiff’s motion to appoint counsel (Doc. 59) is
DENIED and Plaintiff’s motion for transcripts (Doc. 60) and motion to compel discovery (Doc.
61) are DENIED AS MOOT.
IT IS SO ORDERED this 19th day of July, 2018.

/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE