Kates v. Bledsoe et al

Filing 118

ORDER denying 108 Motion to Appoint Counsel. Signed by Magistrate Judge J. Andrew Smyser on 7/26/12 (pw, )

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DAVID E. KATES,
Plaintiff
v.
B.A. BLEDSOE,
Defendant

: CIVIL NO: 3:11-CV-00391
:
:
: (Judge Caputo)
:
: (Magistrate Judge Smyser)
:
:
:

ORDER

After considering the factors set forth in Tabron v.
Grace, 6 F.3d 147 (3d Cir. 1993), and for the reasons stated in
the Order of July 27, 2011 denying the plaintiff’s motion for
the appointment of counsel, IT IS ORDERED that the plaintiff’s
most recent motion (doc. 108) for the appointment of counsel is
DENIED.

Because the plaintiff has not filed a brief in support
of his motion to object as required by Local Rule 7.5,1 IT IS
ORDERED that the motion (doc. 107) is deemed WITHDRAWN.

/s/ J. Andrew Smyser
J. Andrew Smyser
Magistrate Judge
Dated:

1.

July 26, 2012.

Local Rule 7.5 provides:
Within fourteen (14) days after the filing of any
motion, the party filing the motion shall file a brief in
support of the motion. If the motion seeks a protective
order, a supporting brief shall be filed with the motion.
If a supporting brief is not filed within the time
provided in this rule the motion shall be deemed to be
withdrawn. A brief shall not be required: (a) In support
of a motion for enlargement of time if the reasons for
the request are fully stated in the motion, (b) In
support of any motion which has concurrence of all
parties, and the reasons for the motion and the relief
sought are fully stated therein, or (c) In support of a
motion for appointment of counsel.

Although we have done so before, see docs. 10 & 80, we again
note for the plaintiff’s benefit that a motion should be a short
document entitled or captioned as a motion in which the litigant
requests the relief that he is seeking. A brief in support of a
motion is a separate document entitled or captioned as a brief in
support of the motion in which a litigant sets forth his arguments
for why he should be granted the relief requested in the motion.
2