BRAGG v. MEO et al

Filing 40

Letter Opinion-Order denying motion for Pro Bono Counsel, Motions terminated: 38 MOTION to Appoint Pro Bono Counsel filed by YUSUF ABDULLAH MUHAMMAD.. Signed by Magistrate Judge Steven C. Mannion on 5/31/2018. (byl)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY CHAMBERS OF STEVEN C. MANNION UNITED STATES MAGISTRATE JUDGE May 31, 2018 MARTIN LUTHER KING COURTHOUSE 50 WALNUT ST. ROOM 2064 NEWARK, NJ 07101 973-645-3827 LETTER OPINION-ORDER Re: D.E. 38, Motion to Appoint Pro Bono Counsel MUHAMMAD v. MEO et al Civil Action 17-cv-05056 (JLL)(SCM) Dear Litigants: This matter comes before the Court upon review of Plaintiff Yusuf Abdullah Muhammad’s (“Mr. Muhammad”) Motion to Appoint Pro Bono Counsel. 1 The Court has reviewed Mr. Muhammad’s Motion and for the reasons set forth herein it is denied. This Court denied Mr. Bragg’s previous motion for the appointment of pro bono counsel 2 after analyzing the Tabron 3 factors. On January 26, 2018 Mr. Bragg filed petition for name change because he legally changed his name to Mr. Yusuf Abdullah Muhammad. 4 This Court granted the petition and ordered that the clerk of the court update the electronic docket to reflect Plaintiff’s name changed from Mr. Bragg to Mr. Muhammad. 5 Mr. Muhammad’s second motion to appoint pro bono counsel does not provide any new information that would change the Court’s analysis. Here, Mr. Muhammad repeats the same arguments. Because Mr. Muhammad’s motion is duplicative of his prior motion, 6 the Court denies this motion for the same reasons it outlined in its Letter Order 7 on Mr. Muhammad’s first motion. The Court is, as always, sympathetic to any disadvantages of the parties that come before it. Accordingly, the Court will closely monitor the considerations raised by Mr. Muhammad’s Motion for Pro Bono Counsel throughout case management and, as the case moves forward, it may exercise its 1 (ECF Docket Entry No. (“D.E.”) 38, Pl.’s Mot. ). 2 (D.E. 22, Order, November 17, 2017). 3 Tabron v. Grace, 6 F.3d 147, 156 (3d Cir. 1993). 4 (D.E. 5 (D.E. 33, Order, February 1.2018). 6 (D.E. 8, Pl.’s Mot., August 8, 2017). 7 (D.E. 22). 32, Application/Petition, January 26, 2018). discretion to appoint counsel sua sponte should any of the above discussed considerations change. 8 As the Tabron factors weigh against appointment for Mr. Wilson’s first motion, the Court will deny Mr. Wilson’s second motion as well. The Clerk of the Court is ordered to mail a copy of this Order to Mr. Muhammad. IT SO ORDERED. 5/31/2018 3:06:21 PM Original: Clerk of the Court Hon. Jose L. Linares, U.S.D.J. cc: All parties YUSUF ABDULLAH MUHAMMAD S.B.I. 430637B #1102980 NEW JERSEY STATE PRISON P.O. BOX 861 TRENTON, NJ 08625 PRO SE 8 See Tabron, 6 F.3d at 156; Christy, 216 F. Supp. 2d at 406. 2

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