Opiyo v. Strickler et al

Filing 51

ORDER denying plaintiff's Motion to Appoint Counsel 49 and Striking Medical Malpractice Complaint 50 Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

FREDERICK O. OPIYO,
CASE NO. 09-CV-13609
HONORABLE GEORGE CARAM STEEH

Plaintiff,
v.
DEPUTY H. BOEHM, DEPUTY J.
DARLING and DEPUTY WEDGE,
Defendants.
/

ORDER DENYING PLAINTIFF’S MOTION FOR
APPOINTMENT OF COUNSEL (DOC. #49) AND STRIKING
MEDICAL MALPRACTICE COMPLAINT (DOC. #50)
The court denied plaintiff’s motion for relief from judgment in his prisoner civil rights
case finding that it was untimely under Rule 60(b)(3) of the Federal Rules of Civil
Procedure, and that he did not establish by clear and convincing evidence that defendants
committed fraud. Plaintiff appealed the court’s decision to the Court of Appeals for the
Sixth Circuit. Now before the court is plaintiff’s motion for appointment of counsel (Doc.
#49). Given plaintiff’s pending appeal, this court lacks jurisdiction to address plaintiff’s
motion. The motion is, therefore, DENIED. Plaintiff also filed a Federal Tort Claims Act
(FTCA) Medical Malpractice Complaint (Doc. #50). The court STRIKES the complaint as
an improper filing in this case. Plaintiff is directed to file any papers related to this case in
the Court of Appeals for the Sixth Circuit where his appeal is currently pending.
IT IS SO ORDERED.
Dated: March 30, 2015
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
March 30, 2015, by electronic and/or ordinary mail and also on
Frederick Opiyo #39194039, FCI Bastrop,
P. O. Box 1010, Bastrop, TX 78602.
s/Barbara Radke
Deputy Clerk

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