Gray v. McHugh
Filing
50
ORDER denying Mr. Gray's request for court-appointed counsel. Mr. Gray is directed to report in writing within seven days from the date of this Order.(1) whether he intends to continue litigating this case and (2) if so, whether he will represe nt himself or retain new legal counsel. Failure to comply with this directive will result in dismissal of his claims without prejudice. The court directs the Clerk to serve a copy of this Order on Mr. Gray at the following address: Russell Gray, 3922 Barrett Street, Augusta, GA 30909. Compliance due by 3/10/2015. Signed by Judge J. Randal Hall on 03/03/2015. (thb)
STATES DISTRICT COURT FOR
SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
THE IINITED
IN
RUSSEI,], GRAY,
Plaintiff,
cv 1-r3-224
v.
JOHN M. MCHUGH, Secretary,
Department of the ArmY,
Defendant.
ORDER
response
(Doc.
di
Mr
roar-o^
pursue
pro
seek
more
to
money
represent
to
seek
[him] self
49.)
He further
favor.
(See id.
not a constitutionaf
n,ho{- har
(2)
so,
whether
of
his
and
that
of
of
to
that
see
proceed
Mr.
the
Gray
Court,
he "ha [s]
hor,r [hr]e
with
continue
provided
tO
can
the
(Doc.
with."
and immediate
no
judgmenL
3.)
counsel
right.
coul"dn't
counsel
infands
he will
letter
"do[es]n't
he was afready
appointment
his
states
He merely
hF
Although
48).
in
case
own lawyer
[his]
at
(Doc.
counsef
representation"
seeks
The appointment
/1 \
if
which
2015 order,
a.rrrrj-
as direcEed.
when
23,
and
facte
information
foad
his
of
legal
the
February
Gray's
Russell
l-hF
frz
further
new
respond
truck
in
any
narrates
thoroughly
nrn lL-fi! ) /
r u
on Pfaintiff
Court
Court/s
this
fu.v\
matter
or
he faifed
49) to
cr,a\/
this
se
the
cause comes before
This
in
a civil
Williams v.
5:13-CV-449 MTT, 2OL4 WL 222925, at
case is
Fort valley
*1
(M.D. Ga.
a privilege
state
Jan.
univ.,
21,
and
No.
2oI4)
(citing
v.
Hunter
19BB)).
onll/
iri exr--entional
1320
(l1th
of
compfexity
his
presenting
adequately
position
to
evidence
will
witnessed
himseff.
ad.equatefy
(citing
1990)
Ufmer
v.
1312,
170 F.3d
may be
considered
wLren
(1)
t)4)e
(3)
exist:
1088'
899 F.2d
Jones,
591
chancellor,
whether
a
the
indigent
(11th
cir.
(5th
cir'
under
the
1096
2o9,
F-2d
ln
is
the
incidents
of
of
capable
(4)
and
case;
the
indigent
the
whether
part
is
indigent
the
the
large
v.
counsef
appoint
factors
investigate
Fowler
the
Perrin,
whether
case;
in
consist
Cir'
counsef,
appoint
circumstances"
(2)
case;
the
(11th
and
Bass v.
The following
'texceptional
whether
det.ermining
13L7
and should
discretion
circumstances."
l-999) .
Cir.
1985)
to
whether
deciding
t'has broad
courL
districL
and
in
Accordingly.
cir'
L3l.4,
846 F.2d
Agency,
Force
Air
of
Dep't
(11th
1-169, Ir74
F.2d'
773
Mclver,
v.
wahl
2L3
]-9a2) ) ,
Mr.
that
c!r ^o\y/
u
hq - s
rr a
issues
the
of
their
straightforward
Mr.
(see Doc.
49 at
^f
l-ha
because
he
personally
Mr.
is
incapable
know
how to
r
rrL
or
deny,
sut/s!
lega1
drag
of
this
.fhF Armw) l-hat
a case."
and endfess
(Id.)
about
Mr.
think
it
monetary
Gray,
aflegations
alleged
specific
onfy
case,
court,
and Mr.
any
identify
his
1),
the
experienced
does not
complex
Gray concedes
his
underlying
presenting
address
proceedings,
out
fe.,f s
Gray
novel- or
counsef.
of
assistance
{The Denarl-mant- nf
\
power
stalf,
he
even
c^\rFrnmcnf
present
does
Moreover,
why
"do[es]n'L
not
claims
various
knos'la/ldo
nersonal
discrimination.
to
are
discrimination
reasons
the
require
that
issues
VII,
and Titl-e
Pay Act
Equal
alleges
which
compfaint,
cray's
a
is
system
of
OK tO USe
supply,
Iike
he
that
only
any other
titigant,
to
he appears
Indeed,
at
not
however,
is
counsef.
The Court
The
47,
Mr.
Court
DIRECTS Mr.
of
date
litigating
himself
directive
The
MF
/:r.r'
Gray
case
new fegaf
retain
or
wifl
Court
r i
l- ho
(2)
result
in
f nl
Gray
Rusself
3922 BarrrelL
Aug:usta, GA
I nr^ri ncr
of
CLERK to
case,
pro
bono
time
(see
decision:
the
final
and
SEVEN DAYS from
to
intends
he
whether
Failure
counsel .
,address
he
so,
d.ismissal
DIRECTS the
third
whether
if
Gray's
request.
WRITING within
IN
(1)
and
Mr.
court -appointed,
the
when he
a lawyer
of
musL make an uneguivocaf
report
to
Order
this
this
Gray
suit.
Gray's
for
reiterates
that
Docs.
this
warrant
to
DENIES Mr.
thus
now
Court
48)
unusual
val-ue
counsel.
of
assistance
the
recognized
commencemenL of
so
one
the
from
benefit
have
the
retained
the
would
undoubtedly
to
serve
a
of
this
with
comply
hTithout
copy
represent
will
claims
his
continue
prejudice.
Order
this
on
:
Street
30909
ORDER ENTERED at
Augusta,
Georgia,
HON
iJNITED
thi s
,a&
-
c)
day
of
I,f-J.
RANDAL I{ALL
STATES DISTRICT ITUDGE
DISTRICT
OF GEORGIA
March,
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