Rivera v. Jenkins et al

Filing 16

ORDER denying pltf's motion for appt of cnsl 14 & directing pltf to file br in opp to defts' motion to dismiss by 9/28/12 w/ failure to comply to result in motion being deemed unopposed. (See order for complete details.) Signed by Honorable Christopher C. Conner on 09/13/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DANIEL RIVERA,

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Plaintiff
v.
MR. JENKINS, et al.,
Defendants

CIVIL ACTION NO. 1:12-CV-0875
(Judge Conner)

ORDER
AND NOW, this 13th day of September, 2012, upon consideration of
plaintiff’s motion for appointment of counsel (Doc. 14), and assuming that plaintiff’s
claim that defendants denied him psychiatric medication in violation of the Eighth
Amendment brought pursuant to 42 U.S.C. § 1983, has an arguable basis in law or
fact, and it appearing from the complaint, that he is capable of properly and
forcefully prosecuting his claims with adequate factual investigation, that resolution
of the pending motion to dismiss neither implicates complex legal or factual issues
nor requires factual investigation or the testimony of expert witnesses as the basis
of the motion is plaintiff’s alleged failure to exhaust his administrative remedies, see
Tabron v. Grace, 6 F.3d 147, 155-57 (3d Cir. 1993) (listing factors relevant to request
for counsel) it is hereby ORDERED that:
1.

Plaintiff’s motion (Doc. 14) for appointment of counsel is DENIED. If
further proceedings demonstrate the need for counsel, the matter will
be reconsidered either sua sponte or upon motion of petitioner.

2.

Plaintiff shall file a brief in opposition to defendants’ motion to dismiss
on or before September 28, 2012. Failure to comply with this order will
result in the motion being deemed unopposed. See L.R. 7.6.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge