Mazuch v. Kemp et al

Filing 48

ORDER denying 35 Motion for Summary Judgment; granting 39 Motion for Summary Judgment; adopting 43 Report and Recommendations.; denying 46 Motion for Reconsideration. Final judgment shall be Entered in favor of Defts and this civil action shall be Closed. Signed by Judge Dudley H. Bowen on 3/2/10. (cmr)

ORIGINAL
IN THE UNITED STATES DISTRICT COURT USH FOR THE SOUTHERN DISTRICT OF GEORGIA
293 4i.fl -2 P 2: 08

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DUBLIN DIVISION JASON MAZUCH, Plaintiff,
V

CV 308-018

ROBERT ROSIER, Warden of Security, et al., Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed.' Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Plaintiff's motion for summary judgment (doe. no. 35) is DENIED,

'Along with his objections to the Report and Recommendation, Plaintiff filed a motion to reconsider the Order denying him assistance of counsel and motion to voluntarily dismiss his claim for retaliation against Defendant Joe Harmon. (Doe. nos. 46-1, 46-2). In light of the Report and Recommendation, Plaintiffs request for a voluntary dismissal of Defendant Harmon (doe. no. 46-2) is DENIED. Concerning his motion for reconsideration, Plaintiff reiterates his argument that he believes that he has trouble communicating with the Court, and thus should be appointed counsel. As previously explained by Order dated December 4, 2008, addressing this very argument, as a general rule, there is no entitlement to appoint counsel in a civil rights case, such as this one, brought pursuant to 42 U.S.C. § 1983. Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992) (citations omitted). Plaintiff has offered no new information, therefore, he presents no compelling reason in his motion, to reconsider the Order denying him appointment of counsel. As such, Plaintiffs motion for reconsideration (doe. no. 46-1) is DENIED.

Defendants' motion for summary judgment (doc. no. 39) is GRANTED, a final judgment f --ri shall he ENTERED in favor 4 ^ants, and t is civil a ion be CLOSED. SO ORDERED this _y of , 2010, at Augusta, Georgia.

UNITED STAlES DISTRICT JUDG

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