PAVAO v. MILES et al

Filing 153

ORDER OF DISMISSAL re adopting 141 Report and Recommendation.; granting 100 Motion for Summary Judgment; denying 151 Motion to Appoint Counsel ; denying 151 Motion to Extend Time. The clerk must enter judgment stating, "The plaintiff's claims are dismissed with prejudice." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 3/27/2017. (jcw)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
PANAMA CITY DIVISION

JOHN PAVAO,
Plaintiff,
v.

CASE NO. 5:15cv68-RH/GRJ

SGT. MILES et al.,
Defendants.
_________________________/
ORDER OF DISMISSAL
This is a prisoner civil-rights case. The plaintiff asserts that correctional
officers used excessive force against him. The defendants have moved for
summary judgment. The motion is before the court on the magistrate judge’s report
and recommendation, ECF No. 141, which recommends granting the motion. No
objections have been filed.
The plaintiff’s claims are refuted in substantial part by fixed-wing video
recordings that were made in the ordinary course and show events in the cellblock.
The report and recommendation correctly analyzes the issues and is adopted as the
court’s opinion.

Case No. 5:15cv68-RH/GRJ

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A word is in order about procedure. The plaintiff has repeatedly moved to
appoint an attorney. Indeed, a repetitive motion to appoint an attorney made it to
the clerk’s office shortly after I signed the last order denying a motion to appoint
an attorney. See ECF Nos. 151 & 152. This case is typical of the hundreds of
prisoner cases filed each year in this district. Attorneys are not available for
handling all the routine prisoner cases. Nothing about this case makes it a good
candidate for an appointed attorney.
The plaintiff also has asked for more time to respond to the report and
recommendation. As explained in the order of March 7, 2017, the plaintiff has had
more than enough time to respond to the summary-judgment motion, which was
filed more than a year ago, and to the report and recommendation. Further delay
would change nothing.
For these reasons and those set out in the report and recommendation,
IT IS ORDERED:
1. The repetitive motion to appoint an attorney, ECF No. 151, is denied.
2. The report and recommendation, ECF No. 141, is accepted and adopted as
the court’s opinion.
3. The defendants’ motion for summary judgment, ECF No. 100, is granted.
The clerk must enter judgment stating, “The plaintiff’s claims are dismissed with
prejudice.”

Case No. 5:15cv68-RH/GRJ

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4. The clerk must close the file.
SO ORDERED on March 27, 2017.
s/Robert L. Hinkle
United States District Judge

Case No. 5:15cv68-RH/GRJ