Martin v. Murray et al

Filing 45

ORDER denying Plaintiff's 44 Motion. The Clerk is respectfully instructed to mail the Plaintiff a blank prisoner § 1983 complaint form and a blank § 2241 petition form. Signed by Chief Judge Martin Reidinger on 3/13/2021. (Pro se litigant served by US Mail.)(kby)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:17-cv-00329-MR

MITCHELL JOSEPH MARTIN,

)
)
Plaintiff,
)
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vs.
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CHAD MURRAY, et al.,
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Defendants.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the pro se Plaintiff’s filing of a
Motion [Doc. 44] in this closed case.
The incarcerated Plaintiff, proceeding pro se, filed this action in 2017
pursuant to 42 U.S.C. § 1983 while he was incarcerated at the Piedmont
Correctional Institution. The Plaintiff alleged that members of the Rutherford
County Sheriff’s Office and Rutherford County Detention Center (“RCDC”)
personnel were deliberately indifferent to a serious medical need by failing
to provide adequate care for a broken hand he sustained during his arrest.
[See Doc. 11]. The Defendants prevailed on dispositive motions, and the
case was closed on January 30, 2019.1 [See Docs. 36, 42].

1

This case was assigned to Judge Frank D. Whitney at that time.

On March 5, 2021, the Plaintiff filed the instant pro se Motion from
RCDC, where he has apparently been held on new criminal charges since
January. The Plaintiff alleges that he requested protective custody for his
safety. He alleges that, on February 6, 2021, an inmate who was not in
protective custody was placed in his cell, and that this inmate smacked and
punched him on February 7, 2021. The Plaintiff further appears to allege
that his present detention is based on “outrageous” criminal charges and that
an unreasonable bond amount has been set. The Plaintiff alleges that these
actions were taken in retaliation for Plaintiff’s filing of the instant civil action.
The Plaintiff seeks “some kind of relief” and “copies of everything.” [Doc. 44
at 4]. He asks the Court to “advocate for [him]” because he lacks legal
knowledge or access to a law library. [Doc. 44 at 2-3].
The instant § 1983 case has been closed for more than two years and
the Plaintiff has set forth no basis for reopening these proceedings. Instead,
it appears as though the Plaintiff may be seeking to initiate a new civil rights
action pursuant to § 1983 and/or a habeas corpus action pursuant to 28
U.S.C. § 2241. The Clerk will be instructed to forward the appropriate forms
to the Plaintiff so that he may initiate a new civil action(s) if he wishes to do
so.

2

To the extent that the Plaintiff requests “copies of everything,” this is
too vague to support relief and, in any event, the Court is not obligated to
provide free copies to indigent parties.

See generally United States v.

MacCollom, 426 U.S. 317, 321 (1976) (“The established rule is that the
expenditure of public funds is proper only when authorized by Congress….”).
It also appears that the Plaintiff is requesting the appointment of
counsel.2 As a preliminary matter, there is no open case involving the
Plaintiff in which counsel could be appointed. Further, the Plaintiff has failed
to demonstrate that the appointment of counsel is warranted. There is no
absolute right to the appointment of counsel in civil actions such as this one.
Therefore, a plaintiff must present “exceptional circumstances” in order to
require the Court to seek the assistance of a private attorney for a plaintiff
who is unable to afford counsel. Miller v. Simmons, 814 F.2d 962, 966 (4th
Cir. 1987).

The Plaintiff has failed to demonstrate the existence of

exceptional circumstances that would warrant the appointment of counsel,
and therefore, his request is denied.
IT IS, THEREFORE, ORDERED that the Plaintiff’s Motion [Doc. 44] is
DENIED.

2

The Court is unable to provide any legal advice, and therefore, any request for the Court
to represent him is denied.
3

The Clerk is respectfully instructed to mail the Plaintiff a blank prisoner
§ 1983 complaint form and a blank § 2241 petition form.
IT IS SO ORDERED.
Signed: March 13, 2021

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