SMITH v. BUSS

Filing 21

ORDER GRANTING Petitioner's 19 MOTION for Extension of Time to File Response as to 17 MOTION to Dismiss, and DENYING 20 MOTION to Appoint Counsel. (Internal deadline for referral to judge if response not filed earlier: 4/20/2012).). Signed by MAGISTRATE JUDGE GARY R JONES on 3/21/2012. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
JACK RAY SMITH,
Petitioner,
v.

CASE NO. 5:11-cv-275-MP-GRJ

SECRETARY,
DEPARTMENT OF CORRECTIONS,
Respondent.
__________________________/
ORDER
This matter is before the Court on Doc. 19, Petitioner’s motion for an extension
of 30 days within which to file his response to Respondent’s motion to dismiss (Doc.
17). The Court will grant the motion and give Petitioner until April 20, 2012 to respond
to the motion to dismiss.
This matter is also before the court on Petitioner’s Motion To Appoint Counsel.
(Doc. 20.) The appointment of counsel in civil cases is not a constitutional right; rather,
it is “a privilege that is justified only by exceptional circumstances, such as where the
facts and legal issues are so novel or complex as to require the assistance of a trained
practitioner.” Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987); Bass v. Perrin,
170 F.3d 1712, 1720 (11th Cir. 1999).
Upon reviewing the pleadings in this action, the Court finds that there are no
exceptional circumstances to merit the appointment of counsel at this time. The
difficulties presented to the pro se Plaintiff are typical of those faced by other litigants,
and the facts of this case are not complex. Plaintiff’s motion for the appointment of
counsel will thus be denied.

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Accordingly, it is hereby ORDERED that:
1.

Petitioner’s motion (Doc. 19) for an extension of 30 days within which to
file his response to Respondent’s motion to dismiss is GRANTED.
Petitioner shall have until April 20, 2012 to file a response to the motion
to dismiss (Doc. 17).

2.

Petitioner’s Motion To Appoint Counsel (Doc. 20) is DENIED.

DONE AND ORDERED this 21st day of March 2012.

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

Case No: 5:11-cv-275-MP-GRJ