Abbruzzino v. Hutchiton

Filing 49

ORDER AFFIRMING 37 Order on Motion to Appoint Counsel,and REJECTING 40 Traverse filed by Vittorio Abbruzzino. Signed by District Judge Robert H Cleland. (LWag)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION VITTORIO ABBRUZZINO, Plaintiff, v. CRAIG HUTCHINSON, et al., Defendants. / ORDER REJECTING PLAINTIFF'S "TRAVERSE TO RESPONSE" AND AFFIRMING MAGISTRATE JUDGE This is a prisoner civil rights action filed under 42 U.S.C. § 1983. On February 23, 2009, Plaintiff Vittorio Abbruzzino filed a "Motion for the Appointment of Counsel." Magistrate Judge Michael Hluchaniuk denied Plaintiff's motion on April 3, 2009, and Plaintiff filed an appeal to this court entitled "Traverse to Response Answer . . . Order Denying Appointment of Counsel Without Prejudice." In his order denying Plaintiff's motion, the magistrate judge found that Plaintiff "has an adequate understanding of the matters involved . . . and is able to articulate his claims and arguments in a reasonable fashion." (4/3/09 Order at 3.) Further, the magistrate judge noted that "the issues raised in [Plaintiff's] complaint are straightforward and understandable and not of an unduly complex nature." (Id.) Plaintiff's appeal does little more than recite the legal standard for the appointment of counsel, and avers that "[e]ven if you . . . think you know the law pretty well, a lawyer can generally do a better job than a prisoner." (Pl.'s Resp. at 2.) While that may be true, this court ­ after referring pretrial matters ­ may overturn the decision of the Case No. 08-CV-11534

magistrate judge only if it is "clearly erroneous or contrary to law." 28 U.S.C. § 636(b)(1)(A); Banner v. City of Flint, 99 F. App'x 29, 35 (6th Cir. 2004). Plaintiff demonstrates no such clear error here. Accordingly, IT IS ORDERED that Plaintiff's "Traverse to Response Answer . . . Order Denying Appointment of Counsel Without Prejudice" [Dkt. # 40] is REJECTED. IT IS FURTHER ORDERED that the magistrate judge's "Order Denying Plaintiff's Motion for Appointment of Counsel" [Dkt. # 37] is AFFIRMED.

S/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: May 20, 2009 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, May 20, 2009, by electronic and/or ordinary mail. S/Lisa Wagner Case Manager and Deputy Clerk [phone]

S:\Cleland\JUDGE'S DESK\C1 ORDERS\08-11534.ABBRUZZINO.Affirm.MJ.Deny.Counsel.eew.wpd

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