Thomas v. Lombardi et al

Filing 17

MEMORANDUM AND ORDER (SEE ORDER FOR COMPLETE DETAILS) IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel [Doc. #9] is GRANTED. Frank Trae C. Bertrand III, of the law firm of BRADSHAW, STEELE, COCHRANE & BERENS, L.C., 3113 Independ ence Street, P.O. Box 1300, Cape Girardeau, MO, 63702-1300, is appointed to represent plaintiff in this matter. The Clerk of the Court shall provide plaintiffs newly appointed counsel with a complete copy of the court file at no cost. ( Response to Court due by 9/13/2013.), Attorney Frank C. Bertrand for Michael A. Thomas, Jr added. Signed by District Judge Audrey G. Fleissig on 7/15/13. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHAEL A. THOMAS,
Plaintiff,
v.
GEORGE A. LOMBARDI, et al.,
Defendants.

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No. 4:13CV622 AGF

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to appoint counsel.
Plaintiff, an inmate at Southeastern Correctional Center asserts in his complaint that
he has been kept in solitary confinement for approximately one year in violation of
his due process rights. Plaintiff also asserts that he has been subjected to cruel and
unusual punishment by defendants’ actions in keeping him in solitary confinement
for more than a year. Plaintiff seeks counsel to represent his interests in this civil
rights action brought pursuant to 42 U.S.C. § 1983.
In determining whether to appoint counsel, the Court considers several
factors, including (1) whether the plaintiff has presented non-frivolous allegations
supporting his or her prayer for relief; (2) whether the plaintiff will substantially
benefit from the appointment of counsel; (3) whether there is a need to further
investigate and present the facts related to the plaintiff’s allegations; and (4) whether

the factual and legal issues presented by the action are complex. See Johnson v.
Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986); Nelson, 728 F.2d at 1005.
The Court has reviewed the pleadings in this matter, as well as plaintiff’s
pending motion for injunctive relief and defendants’ response brief, and is of the
opinion that appointment of counsel would best serve the interest of justice.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for appointment of
counsel [Doc. #9] is GRANTED. Frank “Trae” C. Bertrand III, of the law firm of
BRADSHAW, STEELE, COCHRANE & BERENS, L.C., 3113 Independence
Street, P.O. Box 1300, Cape Girardeau, MO, 63702-1300, is appointed to represent
plaintiff in this matter. The Clerk of the Court shall provide plaintiff’s newly
appointed counsel with a complete copy of the court file at no cost.
IT IS FURTHER ORDERED that plaintiff’s counsel shall have sixty (60)
days to file an amended complaint in this matter. Plaintiff’s counsel is advised that
the amended complaint will replace the original complaint and will be the only
complaint this Court reviews. The Court will not consider any claims or allegations
that are not included in the amended complaint even if they were asserted in the
earlier complaint.

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IT IS FURTHER ORDERED that plaintiff’s counsel shall have sixty (60)
days to file an amended motion for preliminary injunction or any motions for
injunctive relief that counsel deems necessary. If counsel is satisfied with the
original motion for injunctive relief, he may simply file a reply to defendants’
response in opposition to plaintiff’s motion for preliminary injunction [Doc. #14]
within the sixty (60) day time period.
Dated this 15th day of July, 2013.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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