Bruesch v. Flanagan et al

Filing 117

ORDER by Magistrate Judge Charles S. Miller, Jr. finding as moot 114 Motion (Request for Rescheduled Trial - Postponement Plans); denying 115 Motion to Appoint Counsel without prejudice. (BG) Distributed on 1/10/2014 (jt).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
SOUTHWESTERN DIVISION
Nicholas Bruesch,
Plaintiff,
vs.
Todd Flanagan, et. al.,
Defendants.

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ORDER

Case No. 1:12-cv-083

Before the court is the plaintiff’s sixth motion requesting court-appointed counsel. Also
before the court is plaintiff’s “Request for Rescheduled Trial - Postponement Plans.”
First, with the respect plaintiff’s request for court-appointed counsel, there have been no
material change of circumstances since the court denied plaintiff’s previous motions. Consequently,
for the reasons outlined by the court its orders disposing of plaintiff’s five previous motions for
court-appointed counsel, the instant motion (Docket no. 115) is DENIED without prejudice.
As for plaintiff’s request to postpone trial (Docket No. 114), the court deems it MOOT. On
November 5, 2013, the court issued an order granting plaintiff’s request to postpone the final pretrial
conference and trial in this matter. The court shall reschedule the final pretrial conference and trial
as necessary once it has addressed defendants’ pending Motion for Summary Judgment.
IT IS SO ORDERED.
Dated this 10th day of January, 2014.
/s/ Charles S. Miller, Jr.
Charles S. Miller, Jr., Magistrate Judge
United States District Court