BROWN v. BARFIELD et al

Filing 21

ORDER DENYING THE MOTION TO ALTER THE JUDGMENT. The 18 second report and recommendation is accepted and adopted as the court's opinion. The plaintiff's motion, ECF No. 17 , to alter the judgment is denied. The motion to appoint an attorney, ECF No. 19 , is denied. Signed by JUDGE ROBERT L HINKLE on 9/12/2017. (kjw)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
TALLAHASSEE DIVISION

JAI BROWN,
Plaintiff,
v.

CASE NO. 4:17cv118-RH/CAS

WARDEN BARFIELD et al.,
Defendants.
___________________________/
ORDER DENYING THE MOTION
TO ALTER THE JUDGMENT
This case is before the court on the magistrate judge’s second report and
recommendation, ECF No. 18. The plaintiff has not filed objections but has moved
to appoint an attorney.
The order of dismissal, ECF No. 16, correctly noted that the first amended
complaint failed to state a claim on which relief could be granted and that,
although the plaintiff asserted he should be given leave to file a second amended
complaint, he had not alleged any viable basis for a claim. The plaintiff has moved
to alter the judgment, again indicating he should be given leave to amend. But the

Case No. 4:17cv118-RH/CAS

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plaintiff still has not alleged facts suggesting he could assert a viable claim, even
with an attorney’s assistance. Accordingly,
IT IS ORDERED:
1. The second report and recommendation is accepted and adopted as the
court’s opinion.
2. The plaintiff’s motion, ECF No. 17, to alter the judgment is denied.
3. The motion to appoint an attorney, ECF No. 19, is denied.
SO ORDERED on September 12, 2017.
s/Robert L. Hinkle
United States District Judge

Case No. 4:17cv118-RH/CAS