Johnson v. Blake et al

Filing 45

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Extension of Time and Appointment of Counsel 39 is GRANTED in part and DENIED in part. IT IS FURTHER ORDERED that the discovery deadline as set forth in the November 16, 2 012 Case Management Order (Doc. No. 26) is extended from May 1, 2013 to September 1, 2013. IT IS FURTHER ORDERED that the deadline for filing motions for summary judgment will likewise be extended from June 3, 2013 to October 1, 2013. Opposition brie fs shall be filed no later than November 1, 2013 and any reply brief may be filed no later than November 15, 2013. IT IS FURTHER ORDERED that Plaintiff's motion for reconsideration of the Court's order denying appointment of counsel and for appointment of counsel is DENIED.. Signed by District Judge John A. Ross on 4/15/13. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

JOSEPH M. JOHNSON,
Plaintiff,
v.
ALAN BLAKE,
Defendants.

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No. 4:12-CV-510-JAR

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion for Extension of Time and
Appointment of Counsel. [ECF No. 39] A review of the docket indicates Plaintiff first requested
appointment of counsel on March 27, 2012. (Doc. No. 4) Plaintiff’s request was considered in
light of relevant factors, see Johnson v. Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986) and
Nelson v. Redfield Lithography Printing, 728 F.2d 1003, 1004 (8th Cir. 1984), and denied
without prejudice on July 27, 2012. (Doc. No. 9) Plaintiff filed a second motion for appointment
of counsel on September 19, 2012 (Doc. No. 14), which was denied without prejudice on
September 26, 2012. (Doc. No. 15) On January 22, 2013, the Court denied Plaintiff’s third and
fourth motions for appointment of counsel without prejudice, finding nothing in the record to
warrant appointment of counsel. (Doc. No. 32)
In his current motion, Plaintiff requests the Court extend the discovery deadline for an
additional four months on the grounds that he is an inexperienced litigant who has been denied
counsel. He also requests the Court reconsider its previous order denying his motion for
appointment of counsel.
Upon consideration, the Court will grant Plaintiff’s request for extension of time to

conduct discovery. The Court finds nothing in the record, however, to cause it to reconsider its
previous order denying Plaintiff’s motion for appointment of counsel. Again, this case is neither
factually nor legally complex. Moreover, Plaintiff has demonstrated that he is able to articulate
and present his claims.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Extension of Time and
Appointment of Counsel [39] is GRANTED in part and DENIED in part.
IT IS FURTHER ORDERED that the discovery deadline as set forth in the November
16, 2012 Case Management Order (Doc. No. 26) is extended from May 1, 2013 to September 1,
2013.
IT IS FURTHER ORDERED that the deadline for filing motions for summary judgment
will likewise be extended from June 3, 2013 to October 1, 2013. Opposition briefs shall be filed
no later than November 1, 2013 and any reply brief may be filed no later than November 15,
2013.
IT IS FURTHER ORDERED that Plaintiff’s motion for reconsideration of the Court’s
order denying appointment of counsel and for appointment of counsel is DENIED.
Dated this 15th day of April, 2013.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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