WILLIAMS v. CULPEPPER
ORDER re 10 MOTION to Appoint Counsel filed by HENRY WILLIAMS is DENIED. Defendants, CULPEPPER and SINCLAIR's 13 FIRST MOTION to Extend Time to Answer or Otherwise Respond to 13 First Amended Complaint is GRANTED. (Answer/Response due by 4/9/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 3/5/2012. (jws)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION
CASE NO. 5:11-cv-378-MP-GRJ
CULPEPPER, et al.,
This matter is before the Court on Plaintiff’s motion to appoint counsel (Doc. 10)
and Defendants Culpepper and Sinclair’s first motion for extension of time to file an
answer or otherwise respond to the first amended complaint (Doc. 13.)
With regard to Plaintiff’s motion to appoint counsel the motion is due to be
denied at this time. 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). The Defendants have not filed a
response yet and therefore at this stage there does not appear to be any issues that
are so novel or complex to warrant appointment of counsel.
With regard to Defendants’ motion for extension of time, as Defendants point
out, the Court normally affords defendants who are employees of the Florida
Department of Corrections, sixty days to respond to civil rights complaints because of
the additional time involved in serving employees and then routing the paperwork
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through the General Counsel’s office and finally to assignment to the General Civil
Division of the Office of the Attorney General for representation. The Court therefore
agrees that additional time to respond is warranted.
Accordingly, upon due consideration, it is ORDERED:
1. Plaintiff’s motion for appointment of counsel, Doc. 10, is DENIED.
2. Defendants’ motion to extend time to answer or otherwise respond to the first
amended complaint, Doc. 13, is GRANTED. Defendants Culpepper and Sinclair
shall respond to the first amended complaint on or before April 9, 2012.
DONE AND ORDERED this 5th day of March 2012.
s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge
Case No: 5:11-cv-378-MP-GRJ
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