Brown v. Phillips et al

Filing 144

ORDER denying 142 Motion to Appoint Counsel ; denying 143 Motion for Default Judgment. Signed by District Judge Frank D. Whitney on 2/9/21. (Pro se litigant served by US Mail.)(clc)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-561-FDW
EDWARD EARL BROWN, JR.,

)
)
Plaintiff,
)
)
vs.
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)
ALEJANDRO PHILLIPS, et al.,
)
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Defendants.
)
__________________________________________)

ORDER

THIS MATTER is before the Court on Plaintiff’s pro se Motion for the Appointment of
Counsel, (Doc. No. 142), and Motion for Default Judgment, (Doc. No. 143).
The pro se incarcerated Plaintiff filed this civil rights action pursuant to 42 U.S.C. § 1983.
Four Defendants prevailed at a jury trial on March 4, 2020, (Doc. Nos. 133-136), and Default
Judgment was entered for $20,000 against Defendant Jonathan Baker on March 5, 2020, (Doc. No.
140). The case is now closed.
The Plaintiff now seeks the appointment of counsel to help him collect against Defendant
Baker. (Doc. No. 142). He argues that he is unable to afford counsel, the issues involved are
complex; Plaintiff’s incarceration prevents him from obtaining “personal information” for
Defendant Baker, which is preventing him from collecting the default judgment; Plaintiff has
limited knowledge of the relevant law; and Plaintiff has been unable to find an attorney willing to
take his case. The Plaintiff’s Motion will be denied because he has failed to demonstrate the
existence of extraordinary circumstances that would warrant the appointment of counsel in this
closed civil action. See Miller v. Simmons, 814 F.2d 962, 966 (4th Cir. 1987). The Clerk will,
however, be instructed to mail the Plaintiff a copy of the Writ of Execution (DC 11) packet as a
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courtesy.
The Plaintiff has also filed a Motion for Default Judgment which is a duplicate of Plaintiff’s
earlier filings in this case. See (Doc. No. 139). The Motion will therefore be denied as moot.
IT IS THEREFORE ORDERED that:
1.

Plaintiff’s Motion for the Appointment of Counsel, (Doc. No. 142), is DENIED.

2.

Plaintiff’s Motion for Default Judgment, (Doc. No. 143), is DENIED as moot.

3.

The Clerk is instructed to mail the Plaintiff a copy of the Writ of Execution (DC
11) packet.
Signed: February 9, 2021

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