Coffey v. State of Georgia

Filing 36

ORDER denying 23 Motion to Appoint Counsel; denying 26 Motion for reconsideration; denying 26 Motion to Amend/Correct; denying 26 Motion to Appoint Counsel; denying 27 Motion for reconsideration; denying 32 Motion to Appoint Counsel; denying 6 Motion to Appoint Counsel; denying 18 Motion to Appoint Counsel; denying 2 Motion to Appoint Counsel. Ordered by US Mag Judge Stephen Hyles on 1/10/13. (AGH)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
MICHAEL RAY COFFEY,
a.k.a RANDALL CHARLES
SANDERS (GDC ID: 1000090655),
Plaintiff,
vs.
STEPHANIE DANIELS, et. al.
Defendants.

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CASE NO: 5:12-CV-384-CAR-MSH

PROCEEDINGS UNDER 42 U.S.C. ' 1983
BEFORE THE U.S. MAGISTRATE JUDGE

_________________________________
ORDER ON MOTIONS
Plaintiff Michael Ray Coffey, an inmate currently confined at the Georgia
Diagnostic and Classification Prison (“GDCP”) has filed multiple motions for the
appointment of counsel (ECF No. 2, 6, 18, 23, & 32) and what appears to be a motion for
reconsideration (ECF No. 26 & 27).
Plaintiff’s requests for legal assistance are premature. The Court cannot properly
evaluate Plaintiff=s need for counsel until it has an opportunity to review the responsive
pleadings. Of course, if becomes apparent, at some point later in these proceedings, that
counsel should be appointed in this case, the Court will entertain a renewed motion. See
Poole v. Lambert, 819 F.2d 1025 (11th Cir. 1987).

Until then, any request for

court-appointed counsel will be DENIED.
Plaintiff’s apparent motion for reconsideration is also DENIED. In his motion,
Plaintiff asks this Court to reconsider Judge Clarence Cooper’s prior Order dismissing the

Cherokee County Sheriff’s Department from this case (see Order, N.D. Ga. Sept. 25, 2012
(ECF No. 19)). A county sheriff's department is not a legal entity that may be sued under
§ 1983. See Dean v. Barber, 951 F.2d 1210, 1214 (11th Cir. 1992). In fact, for this
reason, the undersigned also recommended that Cherokee County Sheriff’s Office be
dismissed from this case to the extent Plaintiff sought to re-add it as a party in his
Amendment (ECF No. 34).
SO ORDERED, this 10th day of January, 2013.
S/ Stephen Hyles
UNITED STATES MAGISTRATE JUDGE

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