STUART v. UNITED STATES OF AMERICA

Filing 43

ORDER re 40 MOTION to Extend Time to Serve Defendants is GRANTED; and 41 MOTION to Appoint Counsel is DENIED filed by WILLIE MAE STUART. Clerk shall issue summons for Defendant HATTEN indicating 60 days to file a response to 20 Second Amended Complaint and forward w/copy of this order, and a copy of complaint to US General Counsel. (Notify Chambers on 7/21/2011.). Signed by MAGISTRATE JUDGE GARY R JONES on 6/21/2011. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION
WILLIE MAE STUART,
Plaintiff,
v.

CASE NO. 4:10-cv-96-SPM-GRJ

UNITED STATES OF AMERICA,
OFFICER HATTEN,
and DR. CARBONELLY,
Defendants.
_____________________________/
ORDER
This case is before the Court on: (1) Plaintiff’s Motion Seeking Enlargement Of
Time To Serve Defendants (Doc. 40) and (2) Plaintiff’s Motion For Appointment Of
Counsel. (Doc. 41.) In her Motion Seeking Enlargement Of Time To Serve
Defendants, Plaintiff seeks the Court’s assistance in effecting service upon Defendant
Officer Hatten. The United States Marshal has informed the Court that he could not
serve Defendant Officer Hatten because there are two correctional officers currently
employed by the U.S. Bureau of Prisons (“BOP”) at the Federal Correctional InstitutionTallahassee (“FCI Tallahassee”) with the last name Hatten. (Doc. 35.) The Marshal
further informed the Court that he needs a first name in order to serve the correct
Officer Hattan. (Doc. 35.)
This Court entered an order directing the Plaintiff to provide the Court with the
first name of the correct Officer Hatten on May 19, 2011. (Doc. 36.) In her Motion
Seeking Enlargement Of Time To Serve Defendants, Plaintiff advises that she has no
way of knowing the correct first name because the BOP has a policy against providing

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the first names of its correctional officers to inmates. Accordingly, the Plaintiff asks the
Court to subpoena the BOP’s personnel files to determine which Officer Hatten was on
duty in the Special Housing Unit at FCI Tallahassee on November 26, 2008, the date of
the incident identified in the Second Amended Complaint. (Doc. 20.) Because
Defendant Officer Hatten has not been served, the Court will direct the BOP to
determine which Officer Hatten was on duty in the Special Housing Unit at FCI
Tallahassee on November 26, 2008 and to provide that individual’s first name in
confidence to the United States Marshals Service. The United States Marshals Service
will then serve a copy of the Second Amended Complaint on the correct Officer Hatten.
Also pending before the Court is Plaintiff’s Motion For Appointment Of Counsel.
(Doc. 41.) A plaintiff in a civil case has no constitutional right to counsel. Although a
court may appoint counsel for an indigent plaintiff under 28 U.S.C. §1915(e)(1), the
Court has broad discretion in making this decision. Bass v. Perrin, 170 F.3d 1312 (11th
Cir. 1999). Only exceptional circumstances warrant appointment, such as where “core
facts” are not in dispute and the legal issues are not so novel or complex as to require
the assistance of a trained practitioner, even if the assistance of a lawyer would
undoubtedly be helpful. Id., at 1320; Fowler v. Jones, 899 F.2d 1088 (11th Cir. 1990)
(appointment of counsel is a privilege, not a right). The Court has reviewed the Second
Amended Complaint filed in this cause and finds that the claims raised are not novel or
complex and will not require discovery or extensive legal research to resolve and,
therefore, do not warrant appointment of counsel.
Accordingly, it is hereby ORDERED:
1.

Plaintiff’s Motion Seeking Enlargement Of Time To Serve Defendants

Case No: 4:10-cv-96-SPM-GRJ

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(Doc. 40) is GRANTED.
2.

The Clerk shall issue a summons for Defendant Hatten indicating that
Defendant Hatten has 60 days in which to file a response to the Second
Amended Complaint. (Doc. 20.)

3.

The Clerk shall send the summons, a copy of this order, and a copy of
the Second Amended Complaint (Doc. 20), to Kathleen M. Kenney,
General Counsel, United States Bureau of Prisons, 320 First Street, NW,
Washington, DC 20534.

4.

The Office of the General Counsel for the United States Bureau of Prisons
shall have thirty (30) days from the date of this Order within which to: (1)
inform the United States Marshals Service office in Gainesville in
confidence of the first name of the Officer Hatten who was on duty in the
Special Housing Unit at FCI Tallahassee on November 26, 2008; or (2)
enter an appearance on behalf of Defendant Hatten; or (3) advise the
Court that neither alternative is possible. If the proper Officer Hatten’s first
name is provided to the USMS, the General Counsel shall file an
appropriate notice with the Court. In such event, the General Counsel
shall also forward to the USMS the copy of this order, the summons,
and the service copy of the Second Amended Complaint. The USMS
shall protect the confidentiality of any information provided by the
United States Bureau of Prisons as required by Florida and federal
law, and shall not disclose any such information on any document
filed with the Court. Upon the filing of such notice, the Court will issue
further instructions for service of process.

5.

Plaintiff’s Motion For Appointment Of Counsel (Doc. 41) is DENIED.

DONE AND ORDERED this 21st day of June 2011.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 4:10-cv-96-SPM-GRJ