Calhoun v. The Missouri Department of Corrections, Director's Designee Don Roper et al

Filing 73

ORDER re: 72 MOTION for Reconsideration re 68 Memorandum & Order filed by Plaintiff Major Calhoun. IT IS HEREBY ORDERED that plaintiff's motion to appoint counsel [#72] is denied. Signed by Honorable Catherine D. Perry on 2/2/09. (RJD)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MAJOR CALHOUN, ) ) Plaintiff, ) ) vs. ) ) THE MISSOURI DEPARTMENT ) OF CORRECTIONS, DIRECTOR'S ) DESIGNEE DON ROPER, et al., ) ) Defendants. )

Case No. 4:07CV1284 CDP

ORDER Plaintiff has asked me to reconsider my denial of his motion for appointment of counsel, which I will treat as a third motion for appointment of counsel. I denied plaintiff's first motion for appointment of counsel in my order dated February 15, 2008, and I denied his second motion on December 8, 2008. Plaintiff has made the same arguments in all three motions: he is unable to afford an attorney; he has attempted to obtain legal counsel and has been unsuccessful; without an attorney he will be unable to access sensitive material necessary to prove his case; and without a lawyer discovery and trial will be difficult. Nothing has occurred since then which leads me to believe that my prior ruling on this issue should be changed. Thus, I will adopt and incorporate my memorandum and order of February 15, 2008, in which I carefully considered this issue, and will

again deny plaintiff's motion for appointment of counsel for the reasons set forth therein. IT IS HEREBY ORDERED that plaintiff's motion to appoint counsel [#72] is denied.

_______________________________ CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE Dated this 2nd day of February, 2009.

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