Jones v. Barnhart et al

Filing 88

ORDER DENYING WITHOUT PREJUDICE Plaintiff's 80 Motion to Appoint Counsel--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN JONES (#162751),
Plaintiff,
CASE NO. 2:10-CV-12114
JUDGE ARTHUR J. TARNOW
MAGISTRATE JUDGE ANTHONY P. PATTI
v.
PATRICIA BARNHART and
PAULA MASS,
Defendants.
/
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S JULY 8, 2014
MOTION TO APPOINT COUNSEL (DE 80)
A.

Procedural Background
Plaintiff John Jones (#162751) is currently incarcerated at the Michigan

Department of Corrections (MDOC) Thumb Correctional Facility (TCF).1 Jones
originally filed this case pro se on May 26, 2010. DE 1.
On November 9, 2010, this Court entered an order (DE 21) denying without
prejudice Plaintiff’s requests for the appointment of counsel (DE 3 and DE 10).
On March 22, 2012, this Court entered an order (DE 45) denying without prejudice
Plaintiff’s November 9, 2011 motion for appointment of counsel (DE 39). That

1

See www.michigan.gov/corrections, “Offender Search.”

order provided, “Plaintiff may renew his request if this case survives dispositive
motion practice and/or proceeds to trial.” DE 45 at 4.
On August 22, 2013, Plaintiff filed an amended complaint (DE 59) naming
two (2) defendants: Patricia Barnhart and Paula Mass. On December 3, 2013,
defendant Barnhart filed a motion for summary judgment. DE 63. However, on
September 15, 2014, the Court entered an order (DE 81) adopting the Court’s
report and recommendation (DE 68) and denying defendant Barnhart’s motion for
summary judgment (DE 63).
B.

Pending Motions
On March 25, 2014, Barnhart filed both a motion for leave to file a second

motion for summary judgment (DE 69), which the Court later granted (DE 83), and
a motion for summary judgment (DE 70). The other matters pending before this
Court include Plaintiff’s April 9, 2014 motion to compel discovery (DE 72),
Defendant Barnhart’s April 15, 2014 motion to stay discovery (DE 74) and
Plaintiff’s July 8, 2014 motion for appointment of counsel (DE 80).
C.

Discussion
For the following reasons, plaintiff’s July 8, 2014 motion for appointment of

counsel (DE 80) will be denied. First, dispositive motion practice is still active in
this case. To be sure, the Defendants (Burton, Rewerts and Wilson) who filed the
November 8, 2010 motion for summary judgment (DE 19) are no longer part of

this case (see DE 41); Plaintiff’s July 12, 2012 motion for summary judgment (DE
49) was denied without prejudice (DE 57); and Defendant Barnhart’s December 3,
2013 motion for summary judgment (DE 63) was denied (DE 81). However,
Defendant Barnhart’s March 25, 2014 motion for summary judgment (DE 70) is
pending, regarding which a report and recommendation is forthcoming.
Second, on several occasions, plaintiff has illustrated his ability to
adequately communicate his requests to this Court. For example, in addition to the
instant motion to appoint counsel (DE 80), Plaintiff has filed a motion for default
judgment (DE 24), which the Court denied without prejudice (DE 27); a motion for
order to show cause and for sanctions (DE 33), which the Court denied (DE 36); a
motion to appoint counsel (DE 39), which the Court denied without prejudice (DE
45); a motion for discovery (DE 48) and the aforementioned motion for summary
judgment (DE 49), each of which the Court denied without prejudice (DE 57); a
motion for leave to amend complaint (DE 56), which the Court granted (DE 58);
and a request for enlargement of time (DE 77), which the Court granted (DE 83).
Here, too, an order addressing plaintiff’s April 9, 2014 motion to compel discovery
(DE 72) is forthcoming.
D.

Order
Upon consideration, plaintiff’s July 8, 2014 motion for appointment of
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counsel (DE 80) is DENIED WITHOUT PREJUDICE. Plaintiff may renew his
request for the appointment of counsel if this case survives dispositive motion
practice, proceeds to trial and/or if other circumstances warranting the appointment
of counsel arise.
IT IS SO ORDERED.

Dated: February 5, 2015

s/ Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

I hereby certify that a copy of the foregoing document was sent to parties of record on February
5, 2014, electronically and/or by U.S. mail.
s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti

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