Robinson v. People of Colorado et al

Filing 58

ORDER Denying 57 Plaintiff David Wayne Robinson's Objection/Reconsideration re 56 Order on Motion to Appoint Pro Bono Counsel, by Judge Christine M. Arguello on 4/15/2021.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Christine M. Arguello

Civil Action No. 18-cv-00935-CMA-KLM
DAVID WAYNE ROBINSON,
Plaintiff,
v.
MIKE GALLEGOS,
HANA S. RUIZ,
DAIVD BRIGGS,
SGT. LUSK,
SGT. S.P. ZARNOW, and
JAIME KAFATI,
Defendants.

ORDER OVERRULING PLAINTIFF’S OBJECTION TO
MAGISTRATE JUDGE MIX’S MARCH 16, 2021 ORDER

This matter is before the Court on Plaintiff David Wayne Robinson’s
Objection/Reconsideration for Counsel. (Doc. # 57.) Therein, Plaintiff objects to
Magistrate Judge Mix's March 16, 2021 Order denying Plaintiff's Renewed Request for
Attorney. (Doc. # 56.) Upon review of Plaintiff’s Objection, Judge Mix’s Order, the
underlying motion for appointment of counsel, and the case file, Plaintiff’s Objection is
overruled for the reasons articulated in Judge Mix's Order.
In particular, this Court agrees with Judge Mix's determination that "Plaintiff’s
Second Amended Prisoner Complaint [#35] provides an insufficient basis to find that
this action has sufficient merit to warrant appointment of counsel at this time." (Doc. #

56 at 3) (citing Jones v. Maritz Research Co., No. 14-2467-SAR-GLR, 2014 WL
6632929, at *3 (D. Kan. Nov. 21, 2014)). As Judge Mix stated in her Order, "the Court's
perception of the merits may, however, vary over time, particularly after resolution of
any dispositive motions." (Id. at 4) (citing Jones, 2014 WL 6632929, at *3 (explaining a
court may decide to postpone a decision to appoint counsel, “for example, until after
resolution of dispositive motions—in order to give itself both more time and more
information to evaluate the plaintiff's capabilities and the merits of the case”).
Accordingly, Plaintiff may renew his motion for appointment of counsel following the
resolution of Defendants' Motion to Dismiss Pursuant to Rule 12(b)(1), or Alternatively,
to Stay Pursuant to the Younger Doctrine (Doc. # 52), which is pending before the
Court.
It is ORDERED that Plaintiff David Wayne Robinson’s Objection/Reconsideration
for Counsel (Doc. # 57) is OVERRULED.

DATED: April 15, 2021
BY THE COURT:

_____________________________
CHRISTINE M. ARGUELLO
United States District Judge

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