Wheeler v. Sayler et al

Filing 16

ORDER by Judge Daniel L. Hovland denying 10 Motion to Appoint Counsel; adopting 12 Report and Recommendations; and dismissing the case. (JO) Distributed on 7/17/2023. (jb)

Case 1:22-cv-00038-DLH-CRH Document 16 Filed 07/17/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
LeRoy K. Wheeler,

)
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Plaintiff,
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ORDER ADOPTING REPORT
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AND RECOMMENDATION
vs.
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Case No. 1:22-cv-038
Warden James Sayler, et al.,
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Defendants.
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______________________________________________________________________________
The Plaintiff, an inmate at the North Dakota State Penitentiary, initiated this pro se civil
rights action on February 8, 2022. See Doc. No. 1. An amended complaint was filed on March 9,
2023. See Doc. No. 8. After screening the complaint as required by 28 U.S.C. § 1915A, Magistrate
Judge Clare R. Hochhalter issued a Report and Recommendation on June 5, 2023, in which he
recommended that the Plaintiff’s request for court-appointed counsel be denied and the action be
dismissed for failure to state claims for which relief may be granted. See Doc. No. 12. The Plaintiff
was given until June 30, 2023, to file an objection to the Report and Recommendation. On July 5,
2023, the Plaintiff filed an objection. See Doc. No. 15.
The Court has carefully reviewed the Report and Recommendation, the relevant case law,
the Plaintiff’s objection, and the entire record, and finds the Report and Recommendation to be
persuasive. The Court finds the Plaintiff’s objection unpersuasive. The Court ADOPTS the Report
and Recommendation (Doc. No. 12) in its entirety. The Court DENIES the Plaintiff’s motion to
appoint counsel (Doc. No. 10) and DISMISSES the action. The Court further FINDS that any
appeal would be frivolous, could not be taken in good faith, and may not be taken in forma
pauperis.
IT IS SO ORDERED.

Case 1:22-cv-00038-DLH-CRH Document 16 Filed 07/17/23 Page 2 of 2

Dated this 17th day of July, 2023.
/s/ Daniel L. Hovland
Daniel L. Hovland, District Judge
United States District Court