Redd v. Bush et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DAVID O'BRYAN REDD,
MAJ. JOHN BUSH, JR., Jail Administrator,
Burke County Jail, and SGT. JACQUELINE
BUSH, Shift Booking Desk Supervisor,
Burke County Jail,
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
UNITED STATES DISTRICT COURT
iRN DISTRICT OF GEORGIA
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