YOUNG v. DEPARTMENT OF CORRECTIONS et al

Filing 21

ORDER overruling 17 Objection to 15 Order on Motion to Appoint Counsel. By JUDGE JOHN A. WOODCOCK, JR. (MFS)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
JEREMIAH YOUNG,

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Plaintiff,
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v.
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DEPARTMENT OF CORRECTIONS, )
et al.,
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Defendants.
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1:16-cv-00407-JAW

ORDER OVERRULING OBJECTION TO ORDER ON
MOTION TO APPOINT COUNSEL
On August 10, 2016, Jeremiah Young, acting pro so, filed a complaint against
the state of Maine Department of Corrections, Sergeant Harvey, and Corrections
Officer Jordan Miller (the State Defendants) under 42 U.S.C. § 1983, alleging that,
despite prior notice from Mr. Young, the Department and these officers failed to
protect him against threats being made against him by a fellow inmate in the Maine
State Prison, and that the inmate subsequently assaulted him, causing him
considerable pain and suffering. Compl. (ECF No. 1). On August 10, 2016, Mr. Young
moved to be allowed to proceed in forma pauperis, and the Magistrate Judge granted
that motion on August 11, 2016. Mot. for Leave to Proceed In Forma Pauperis (ECF
No. 2); Order Granting Mot. for Leave to Proceed In Forma Pauperis (ECF No. 4). On
November 15, 2016, the State Defendants filed an answer to Mr. Young’s Complaint.
Answer (ECF No. 12).

On December 2, 2016, Mr. Young moved the Court to appoint counsel to
represent him in the pending action. Mot. for Appointment of Counsel (ECF No. 14).
On December 30, 2016, the Magistrate Judge denied the motion, noting that Mr.
Young failed to demonstrate “exceptional circumstances” necessary to warrant the
appointment of counsel. Order on Mot. to Appoint Counsel (ECF No. 15). On January
13, 2017, Mr. Young moved for reconsideration of the order to the Magistrate Judge
and also objected to the Order to this Court. Mot. for Recons. for Court Appointed
Counsel; Objection to Order Fed. R. Civ. P. 72 (ECF Nos. 16 and 17). On January 19,
2017, the Magistrate Judge denied Mr. Young’s motion for reconsideration. Order on
Mot. for Recons. (ECF No. 18).
As the appointment of counsel is a non-dispositive matter, the legal standard
for this Court’s review of the Magistrate Judge’s orders is whether the Magistrate
Judge’s decision is “clearly erroneous or contrary to law.” 28 U.S.C. § 636(b)(1)(A).
Here, Mr. Young has not provided a convincing basis for the Court to conclude that
his case presents “exceptional circumstances” within the meaning of DesRosiers v.
Moran, 949 F.2d 15, 23-24 (1st Cir. 1991). Accordingly, the Court overrules Mr.
Young’s objection to the orders of the Magistrate Judge.
The Court OVERRULES Jeremiah Young’s Objection to Order (ECF No. 17),
and AFFIRMS the Order on Motion to Appoint Counsel (ECF No. 15).
SO ORDERED.
/s/ John A. Woodcock, Jr.
JOHN A. WOODCOCK, JR.
UNITED STATES DISTRICT JUDGE
Dated this 31st day of January, 2017
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