Spreadbury v. Bitterroot Public Library et al

Filing 16

MOTION to Appoint Counsel by Plaintiff Michael E. Spreadbury (Attachments: # 1 Exhibit A) (ASG, )

Michael E. Spreadbury
P.O. Box 416
Hamilton, MT 59840
Telephone: [phone]
[e-mail]
Pro Se PlaintijJ

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MONTANA

MISSOULA DIVISION

MICHAEL SPREADBURY
Plaintiff

)

Cause No: CV-11-61-M-DWM

)

v.

) The Honorable Donald W. Malloy

BITTERROOT PUBLIC LIBRARY,

) Judge Presiding

CITY OF HAMILTON,

)

LEE ENTERPRISES, INC.,

)

BOONE KARLBERG, PC,

)

MOTION FOR APPOINTMENT OF COUNSEL PER F.R.Civ.P 44(a)

Comes now Plaintiff Michael Spreadbury (hereafter "Plaintiff') unrepresented and
indigent with motion for court to appoint counsel. Plaintiffhas made attempt to
find counsel as is attached as Exhibit A.
Plaintiff has attended March 29,2011 Social Security Disability hearing, and has
documented disability in the State of Montana. Plaintiff expects to receive
•
disability income from the federal government.

Motion for Appointment of Counsel

Cause 9:2011-CV-11-61-M-DWM

A Vocational Specialist for the State of Montana has documented the disability and
recently closed Plaintiff's case due to no ability to meet vocational standards, or
for Plaintiff to seek, or maintain gainful employment due to malicious prosecution,
defamation, conspiracy to deprive rights as pled in aforementioned.
Plaintiff is eligible for, has right to counsel per F.R.Civ.P. 44(a). Legal assistance
is an established property right, which qualifies as entitlements Citing:
"Over the years the court has found a wide range of property interests that
qualify as entitlements, including mere possessory interests in chattels
(Fuentes v. Shevin, 1972), intangible interests such as causes ofaction
(Logan v. Zimmerman Brush Co., 1982) the right of an employer to
discharge an employee for cause (Brock v. Roadway Express Inc. 1987), a
child's entitlement to a public school education (Goss v. Lopez 1975), and
continued gas and electric service conditioned upon payment ofproper
charges (Memphis Light, Gas &Water v. Craft, 1978)"
"No otherwise qualified individual with a disability in the United
States....shall sole by reason of her or his disability be ...denied the benefits
of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance 29 USC§794(a).
Without legal assistance, Plaintiff is prevented from being able to properly present
his case before this Honorable Court.
I have contacted the following attomey(s) and Firms approached about defamation:
Phillips Law Firm, fax transmission requesting written response, February 1,2011
Leanne paralegal at office, to forward to associate.
Datsopoulos, McDonald & Lind, fax request for written response February 1, 2011
JR Castillas, associate.

Boone Karlberg PC telephone conversation with Scott Steams saying at time
Defendant Lee Enterprises was retained, and could not bring action, circa 2010.
Opposing counsel for Lee Enterprises do not object to this motion, no counsel
could be reached at 1500hrs on this date Boone Karlberg PC for other defendants.

Motion for Appointment of Counsel

Cause 9:2011-CV-11-61-M-DWM

The Plaintiff hereby requests appointment of counsel due to potential merits,
anticipated conflicting testimony which requires a lawyer's presentation of
evidence and cross examination. Plaintiff has interest in justice in this case.

Respectfully submitted thi

BY:

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Michael E. Spreadbury Pro Se
700 S. Fourth St.
Hamilton MT 59840