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)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?