RAULERSON v. BAILY et al

Filing 164

ORDER ADOPTING REPORT AND RECOMMENDATION re: 163 Report and Recommendation, and denying 147 Motion to Appoint Counsel filed by KENNETH SCOTT RAULERSON, and denying 157 Motion for Summary Judgment filed by ANGELA DOE, and a pretrial scheduling order will be filed by separate notice.. Signed by SENIOR JUDGE MAURICE M PAUL on 10/1/14. (bkp)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
KENNETH SCOTT RAULERSON,
Plaintiff,
v.

CASE NO. 1:08-cv-00222-MP-GRJ

ALEX P BAILY, et al.,
Defendants.
_____________________________/
ORDER
This cause comes on for consideration upon the Magistrate Judge's Report and
Recommendation dated August 20, 2014. (Doc. 163). The parties have been furnished a copy of
the Report and Recommendation and have been afforded an opportunity to file objections
pursuant to Title 28, United States Code, Section 636(b)(1). The time for filing objections has
passed, and none have been filed.
Having considered the Report and Recommendation, I have determined that the Report
and Recommendation should be adopted. The Court agrees with the Magistrate Judge that
plaintiff has created a genuine issue of material fact concerning Officer Rivera's presence and
conduct at the arrest. Therefore, summary judgment is inappropriate.
Additionally, the Court has considered plaintiff's motion for appointment of counsel,
Doc. 147, and concludes that it should be denied. The district court may appoint counsel for an
indigent plaintiff under 28 U.S.C. § 1915(e)(1). Shaw v. Cowart, 300 Fed. Appx. 640, 643
(11th Cir. 2008). However, "[t]he district court has broad discretion in making this decision ...
and should appoint counsel only in exceptional circumstances...." Id. (citations omitted). "The

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key is whether the pro se litigant needs help in presenting the essential merits of his or her
position to the court. Where the facts and issues are simple, he or she usually will not need such
help." Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir.1993). The instant case is simply one of "his
word against their word" and the facts and legal concepts involved are simple. Thus, this is not
the exceptional case where appointment of counsel is appropriate.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1.

The magistrate judge’s Report and Recommendation is adopted and incorporated
by reference in this order.

2.

The motion for summary judgment, Doc. 157, is denied, and a pretrial scheduling
order will be filed by separate notice.

3.

The motion for appointment of counsel, Doc. 147, is denied.

DONE AND ORDERED this

1st day of October, 2014

s/Maurice M. Paul
Maurice M. Paul, Senior District Judge

Case No: 1:08-cv-00222-MP-GRJ