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.)

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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, ) ) Plaintiff, ) ) ) ) ) ) ) ) ) ) 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 2

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