Siouan Indians of Lumber River Red Banks Area v. North Carolina Commissioner of Indian Affairs

Filing 7

ORDER denying 2 Motion to Seal and 5 Motion to Appoint Counsel signed by Chief Judge James C. Dever III on 4/9/2014. A copy of the order was mailed to the pro se plaintiff. (Sawyer, D.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
SOUTHERN DIVISION
No. 7:14-CV-58-D

SIOUAN INDIANS OF LUMBER
RIVER RED BANKS AREA,

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Plaintiff,

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v.
NORTH CAROLINA
COMMISSIONER OF INDIAN
AFFAIRS,
Defendant.

ORDER

On April1, 2014, Siouan Indians of Lumber River Red Banks Area filed a pro se complaint
[D.E. 1] and a motion to seal [D.E. 2]. Plaintiff has not met its burden for sealing the complaint.
See,~'

Stone v. Univ. ofMd. Med. Sys. Corp., 855 F.2d 178, 180-81 (4th Cir. 1988); Rushford

v. New Yorker Magazine. Inc., 846 F.2d 249,253 (4th Cir. 1988); Inre KnightPubl'g Co., 743 F.2d
231, 235 (4th Cir. 1984). Thus, the motion to seal [D.E. 2] is DENIED. The motion to appoint
counsel [D.E. 5] also is DENIED. No right to counsel exists in civil cases absent "exceptional
circumstances." Whisenant v. Yuam, 739 F.2d 160, 163 (4th Cir. 1984), abrogated in part on other
grounds by Mallard v. U.S. Dist. Court, 490 U.S. 296 (1989); see Cook v. Bounds, 518 F.2d 779,
780 (4th Cir. 1975). The existence of exceptional circumstances "hinges on [the] characteristics of
the claim and the litigant." Whisenant, 739 F.2d at 163. The facts of this case do not present
exceptional circumstances. Nonetheless, the clerk shall notify the attorneys on the pro bono panel
of this lawsuit and the request for counsel.

SO ORDERED. This _j_ day of April2014.

Js C. DEVER III
Chief United States District Judge

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