Jones v. Allen et al

Filing 46

ORDER denying 45 Motion for Appeal by Judge Raymond P. Moore on 6/10/14.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 13-cv-02167-RM-KMT
BRUCE W. JONES,
Plaintiff,
v.
DR. JEFFREY ALLEN, Individually and in his Official Capacity, Chief Health Programs,
Health Services Division, Washington D.C., North Central Region, Kansas City, Kansas,
LISA GREGORY, Individually and in her Official Capacity, Regional Health Services
Administrator, North Central Regional Office, Kansas City, Kansas,
ALLYSON ALVARADO, Individually and in her Official Capacity, Health Services
Administrator, Federal Correctional Institute, Florence,
LT. CIMAROSSA, Individually and in her Official Capacity, Acting Asst. Health Services
Health Administrator, Federal Correctional Institute, Florence,
GEORGE SANTINI, Individually and his Official Capacity, Staff Physician, Federal
Correctional Institute, Florence,
ALICIA VINYARD, Individually and in her Official Capacity, Midlevel Provider, Federal
Correctional Institute, Florence,
GILBERTA TRUJILLO, Individually and in her Official Capacity, Medical Secretary, Federal
Correctional Institute, Florence,
P. RANGEL, Individually and in his Official Capacity, Associate Warden, Federal Correctional
Institute, Florence, and
JAMES PELTON, Individually and in his Official Capacity, Acting Clinical Director, Federal
Correctional Institute, Florence,
Defendants.
______________________________________________________________________________
ORDER DENYING
MOTION FOR APPEAL OF DENIAL OF APPOINTMENT OF COUNSEL (ECF No. 45)
______________________________________________________________________________
THIS MATTER is before the Court on Plaintiff’s Motion for Appeal of Denial of
Appointment of Counsel (ECF No. 45), objecting to the Magistrate Judge’s Order of April 7,
2014 (ECF No. 40) which denied Plaintiff’s Motion to Appoint Counse1 (ECF No. 37) for the
reasons set forth in the Magistrate Judge’s prior Order of March 4, 2014 (ECF No. 36). The

Magistrate Judge also stated there were no pending motions, deadlines or hearings at that time.
After the Magistrate Judge issued her Order of April 7, 2014, Defendants Allen and Gregory
filed a Motion to Dismiss for Lack of Personal Jurisdiction. Thereafter, Plaintiff timely objected
to the April 7, 2014 Order.
Plaintiff’s objection is based on reasons previously raised before the Magistrate Judge
(the lack of access to a law library and health reasons) as well as recent surgery which he states
restricted his ability to travel for at least six weeks. Plaintiff’s circumstances have changed
slightly since his first motion for appointment of counsel in that he is no longer in prison and
thus the prison’s law library is no longer accessible to him, but there are nonetheless public law
libraries which are accessible and available. Further, Plaintiff’s recent travel restriction would
not unduly impact his ability to present his case because it is of limited duration. Accordingly,
as the Magistrate Judge previously found, it appears Plaintiff still can adequately prepare and
present his case without the assistance of counsel. See Hill v. SmithKline Beecham Corp., 393
F.3d 1111, 1115 (10th Cir. 2004) (discussing factors to evaluate in addressing a request to
appoint counsel for an indigent prisoner in a civil case). It is therefore
ORDERED that Plaintiff’s Motion for Appeal (ECF No. 45) is DENIED.
DATED this 10th day of June, 2014.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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