ISAAC v. MCCLESKEY

Filing 28

ORDER DENYING 26 Motion to Continue/ Motion to Stay; DENYING 21 Motion to Appoint Counsel; and GRANTING 22 Motion to Amend/Correct. McCleskey is ORDERED to file a copy of the transcript, and Isaac is ORDERED to file a list of claimed inaccuracies in the transcript. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 3/31/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
BENJAMIN EUGENE ISAAC,

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Plaintiff,
v.
MARCIA L. McCLESKEY,
Defendant.

CIVIL ACTION NO. 5:14-CV-278 (MTT)

ORDER
Plaintiff Benjamin Eugene Isaac has moved to appoint counsel, to amend his
complaint, and to continue the bench trial scheduled for April 19, 2016. (Docs. 21, 22,
26).
This is Isaac’s second motion to appoint counsel. (Doc. 21). His first motion was
denied by Judge Weigle, who noted that the applicable legal doctrines were readily
apparent. (Docs. 13, 15). Judge Weigle also stated that if it became apparent that legal
assistance would be required, the Court would consider assisting Isaac in securing
counsel on its own motion, so there would be no need for Isaac to file additional
requests for counsel. (Doc. 15 at 1). Nonetheless, Isaac has filed a second motion, in
which he notes that he has obtained an audio recording of the court proceedings at
issue during discovery and requests the appointment of counsel to assist him in
transcribing that recording. (Doc. 21 at 1-2). This motion is DENIED. Instead,
McCleskey is ORDERED to file a copy of the transcript, and Isaac is ORDERED to file a
list of claimed inaccuracies in the transcript.

Isaac has also moved to amend the relief sought in his complaint. (Doc. 22).
Isaac originally sought “nominal and punitive damage(s) in the amount[] of $20,000.00;
an injunction and a declaratory judgment.” (Doc. 1 at 6). He moves to amend the relief
sought to be “compensator damages in the sum of $20,000; … litigation costs, fees; and
any and all other fees, costs associated to this lawsuit.” (Doc. 22 at 1). Leave to
amend should be “freely give[n] ... when justice so requires.” Fed. R. Civ. P. 15(a)(2).
The Court “need not, however, allow an amendment (1) where there has been undue
delay, bad faith, dilatory motive, or repeated failure to cure deficiencies by amendments
previously allowed; (2) where allowing amendment would cause undue prejudice to the
opposing party; or (3) where amendment would be futile.” Bryant v. Dupree, 252 F.3d
1161, 1163 (11th Cir. 2001) (citing Foman v. Davis, 371 U.S. 178, 182 (1962)). None of
these factors are present. The motion is GRANTED.
Finally, Isaac moved to continue the bench trial because he believes that his
personal property may be “permanently misplaced” when it is taken and inventoried
during his absence from prison for the trial. (Doc. 25). McCleskey opposes this motion
because it may remain inconvenient for Isaac to leave his belongings behind for the
duration of his incarceration, which could last until May 17, 2027. (Doc. 27). The Court
finds that Isaac has not presented good cause to continue the trial. The motion is
DENIED.
SO ORDERED, this 31st day of March, 2016.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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