Brown v. Phillips et al

Filing 19

ORDER denying without prejudice 3 Motion to Appoint Counsel ; denying 8 Motion to Appoint Counsel ; denying 14 Motion appointment of counsel. Signed by Chief Judge Frank D. Whitney on 12/5/16. (Pro se litigant served by US Mail.)(clc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:16-cv-00561-FDW
EDWARD EARL BROWN, JR.,

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Plaintiff,
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v.
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A. PHILLIPS; FNU LAMBURT;
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FNU BAKER; FNU RORIE;
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FNU MARTIN,
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Defendants.
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____________________________________)

ORDER

THIS MATTER is before the Court on consideration of Plaintiff’s pro se complaint which
is filed pursuant to 42 U.S.C. § 1983, and was transferred from the Middle District.
Plaintiff is a prisoner of the State of North Carolina who alleges he was incarcerated in the
Lanesboro Correctional Institution on July 5, 2013, when he was assaulted by two of the
defendants, and that other defendants participated in mistreating him either by placing him in full
restraints or neglecting to treat his injuries arising from the assault. In his complaint, Plaintiff
contends he filed a grievance in conformity with the prison’s administrative procedure in 2013,
but the decision was delayed because the administration lost his paperwork. Ultimately, Plaintiff
states he received the “documents of proof” and mailed them to the Clerk’s Office on April 28,
2016.
On December 1, 2016, Plaintiff filed his written grievance regarding this incident and the
responses from prison officials and the Court is currently conducting a review of the allegations in
the complaint; therefore the motions to appointment counsel will be denied without prejudice.

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(Doc. No. 18). 28 U.S.C. § 1915A.
IT IS, THEREFORE, ORDERED that Plaintiff’s motions for appointment of counsel
are DENIED WITHOUT PREJUDICE. (Doc. No. 3, 8, and 14).
SO ORDERED.

Signed: December 5, 2016

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