Redd v. Bush et al

Filing 36

ORDER adopting 32 Report and Recommendations. Therefore, the defendants' motion is Granted 27 Motion for Summary Judgment, judgment is hereby entered in favor of the defendants, and this civil action stands closed. Signed by Chief Judge J. Randal Hall on 5/18/17. (cmr)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION DAVID O'BRYAN REDD, Plaintiff, CV 115-195 v. MAJ. JOHN BUSH, JR., Jail Administrator, Burke County Jail, and SGT. JACQUELINE BUSH, Shift Booking Desk Supervisor, Burke County Jail, Defendants. ORDER After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objectionshave been filed. (Doc. no. 35.) In his objections, Plaintiff requests appointment of counsel. (See id. at 1-3.) However, Plaintiffs request is moot because the entire case is due to be dismissed. In any event, as a general rule, there is no entitlement to appointed counsel in a civil rights case such as this one. Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992). Rather, the appointment of counsel is a privilege justified only by exceptional circumstances. Id. Plaintiffs filings fail to show that exceptional circumstances exist to justify the appointment of counsel. Steele v. Shah, 87 F.3d 1266, 1271 (11th Cir. 1996). Plaintiff has not shown in his motion that his status as a layman prevents him from "presenting the essential merits of his . . . position," which is the key consideration in determining whether the appointment of counsel is justified. Kilgo v. Ricks. 983 F.2d 189, 193 (11th Cir. 1993). Indeed, Plaintiff has had no problem presenting his case to the Court at every stage of the case. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DENIES AS MOOT the request to appoint counsel, GRANTS Defendants' motion for summary judgment (doc. no. 27), CLOSES this civil action, and DIRECTS the Clerk to enter final judgment in favor of Defendants. SO ORDERED this fP^ day ofMay, 2017, at Augusta, Georgia na. UNITED STATES DISTRICT COURT iRN DISTRICT OF GEORGIA

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