Haley v. CMS

Filing 242

MEMORANDUM AND ORDER re: 239 MOTION to Appoint Counsel filed by Plaintiff Samuel E. Haley, Jr. motion is DENIED. IT IS FURTHER ORDERED that the Clerk shall send to plaintiff a blank complaint form. Signed by District Judge Stephen N. Limbaugh, Jr on 9/25/13. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

SAMUEL E. HALEY, JR.,

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Plaintiff,
vs.
CMS, et. al.,
Defendants.

No. 1:09-CV-144-SNLJ

MEMORANDUM AND ORDER
On September 19, 2012, this Court granted summary judgment to the remaining
defendants in this case (#217). This matter is currently on appeal before the United States Court
of Appeals for the Eighth Circuit. Before the Court is plaintiff’s “Emergency Request for the
Appointment of Counsel Due to Medical Health and Very Extenuating Circumstances.” (#239.)
Plaintiff states that he has been moved to federal custody and that the “sheriff deputy” will not
give him his legal papers.
As this case is currently on appeal, the Court is without jurisdiction to take any action
requested by the plaintiff. If plaintiff believes his Constitutional rights are being violated, then
he may file a new lawsuit against those that he believes are infringing upon his rights.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s Motion(#239) is DENIED.
IT IS FURTHER ORDERED that the Clerk shall send to plaintiff a blank complaint
form.
Dated this 25th day of September, 2013.
UNITED STATES DISTRICT JUDGE