BACON v. GEORGIA DEPARTMENT OF CORRECTIONS

Filing 11

ORDER DENYING 9 Motion to Appoint Counsel and DENYING 10 Motion for Reconsideration. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 5/12/2015. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
FRANKLIN LAMAR BACON
also known as
FRANKLIN LAMAR WILKERSON,
Plaintiff,
VS.
GEORGIA DEPARTMENT OF
CORRECTIONS,
Defendant.
________________________________

:
:
:
:
:
:
:
:
:
:
:
:

CIVIL NO. 5:15-CV-0112-MTT

ORDER ON MOTIONS
Currently before the Court are Plaintiff Franklin Lamar Bacon’s motions for
reconsideration (Doc. 10) and for appointment of counsel (Doc. 9). Plaintiff, a state
prisoner currently confined at the Wheeler Correctional Facility in Alamo, Georgia, filed a
pro se civil rights complaint in this Court seeking relief under 42 U.S.C. § 1983, the federal
Racketeer Influenced and Corrupt Organizations Act (“RICO”), and Georgia law. After
conducting a preliminary review of the pleading, pursuant to 28 U.S.C. § 1915A(a), this
Court found that Plaintiff’s claims were barred by both 28 U.S.C. § 1915(g) and the State’s
sovereign immunity. (Doc. 7.) His Complaint was accordingly DISMISSED.
The Court has now reviewed and considered Plaintiff’s post-judgment motions and
finds that he has failed to identify either any valid basis for reconsideration, see Fed. R.
Civ. P. 60(b), or any exceptional circumstance warranting the appointment of counsel in
this case, see Lopez v. Reyes, 692 F.2d 15, 17 (5th Cir. 1982).

His Motion for

Reconsideration and his Motion for Appointment of Counsel are therefore DENIED.

SO ORDERED, this 12th day of May, 2015.
S/ Marc T. Treadwell
MARC T. TREADWELL
UNITED STATES DISTRICT COURT
jlr