-DLP Davis et al v. Gunter et al

Filing 46

ORDER denying 43 "Motion for Hearing for Appointment of Attorney," "Motion for Emergency Tempory (sic) Restraining Order & Motion for Immediate Hearing Res Ipsa Loquitur Appointment of Attorney." Ordered by Senior Judge Warren K. Urbom. (Copy mailed/e-mailed to pro se party)(EJL)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
STAN DAVIS, and RICHARD
RAYES,

)
)
)
Plaintiffs,
)
)
v.
)
)
FRANK O. GUNTER, Director of the )
Department of Correctional Services, )
et al.,
)
)
Defendants.
)

4:88CV462
MEMORANDUM
AND ORDER ON “MOTION FOR
HEARING FOR APPOINTMENT
OF ATTORNEY,” “MOTION FOR
EMERGENCY TEMPORY (SIC)
RESTRAINING ORDER &
MOTION FOR IMMEDIATE
HEARING RES IPSA LOQUITUR
APPOINTMENT OF ATTORNEY”

This matter is before me on the “Motion for Hearing for Appointment of
Attorney” (filing no. 43) and the “Motion for Emergency Tempory [sic] Restraining
Order & Motion for Immediate Hearing Res Ipsa Loquitur Appointment of Attorney”
(filing no. 44), filed by the plaintiff Richard W. Rayes (“Rayes”). Summarized and
condensed, these motions assert the same arguments which I previously rejected
concerning enforcement of the June 23, 1989, Settlement Agreement. (Filing No.
23.) I am not persuaded that I should reconsider my March 15, 2011, Memorandum
and Order on Pending Motions which determined that this court lacks jurisdiction to
enforce the Settlement Agreement. (Filing No. 39.)

IT IS THEREFORE ORDERED that:
1. the Motion for Hearing for Appointment of Attorney (filing no. 43) is
denied;

2. the Motion for Emergency Tempory [sic] Restraining Order & Motion for
Immediate Hearing Res Ipsa Loquitur Appointment of Attorney (filing no. 44) are
denied.
Dated October 17, 2011.
BY THE COURT
s/ Warren K. Urbom
United States Senior District Judge

-2-