Jones v. Buncombe County Sheriff's Department et al

Filing 53

ORDER denying 51 Motion for Discovery; denying 52 Motion to Appoint Counsel. Signed by Senior Judge Graham Mullen on 01/08/2009. (thh)

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NORTH CAROLINA ASHEVILLE DIVISION 1:08CV390-1-MU

RICARDO DARNELL JONES,

) ) Plaintiff, ) ) v. ) ) BUNCOMBE COUNTY SHERIFF ) DEP'T, et al., ) ) Defendants. ) ____________________________________)

ORDER

THIS MATTER comes before the Court upon Plaintiff's Motion for Appointment of Counsel (Doc. No. 52), filed December 30, 2008, and Plaintiff's Motion for Discovery (Doc. No. 51), filed December 23, 2008. Plaintiff has filed another motion requesting that the Court appoint him counsel to assist him with his case. Appointment of counsel in civil cases is discretionary. Whisenant v. Yuam, 739 F.2d 160, 163 (4th Cir. 1984). Counsel should be appointed in "exceptional circumstances." Id.;Cook v. Bounds, 518 F.2d 779 (4th Cir. 1975). The existence of "exceptional circumstances" depends upon two factors: type and complexity of case and ability of pro se litigant to present case. Whisenant, 739 F.2d at 163. At this time, the Plaintiff is adequately representing himself and his motion is again denied.

Plaintiff also requests that this Court issue an order compelling Defendant to comply with various discovery requests. Defendant has not yet filed a dispositive1 motion. As such, Plaintiff's requests are, at best, premature. IT IS THEREFORE ORDERED THAT: 1. Plaintiff's Motion for Appointment of Counsel is DENIED; and 2. Plaintiff's Motion for Discovery (Doc. No. 51) is DENIED.

Signed: January 8, 2009

Petitioner has indicated in his filing with Court that he is unfamiliar with term "dispositive motion." A "dispositive motion" is a motion by a party, usually a defendant, that argues why a claim or claims should be dismissed without a trial. Once a dispositive motion has been filed, the opposing party is given a chance to respond. 2

1