POSITANO v. DALBALSO et al

Filing 34

ORDER denying motion for appt of cnsl 31 & setting pretrial schedule, inc. -Discovery ddl 7/17/17, Dispositive motions ddl 8/17/17 & deferring scheduling final pretrial conference & trial pending disposition of dispositive motions. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 2/23/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ONOFRIO POSITANO,
Plaintiff
v.
THERESA DELBALSO, et al.,
Defendants

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CIVIL NO. 3:16-CV-1570
(Chief Judge Conner)

ORDER
AND NOW, this 23rd day of February, 2017, upon consideration of plaintiff’s
motion (Doc. 31) for appointment of counsel, and assuming that plaintiff’s claims
have an arguable basis in law and fact, and it appearing from the amended
complaint (Doc. 15) and the instant motion (Doc. 31), that plaintiff is capable of
properly and forcefully prosecuting his claims, and that discovery neither
implicates complex legal or factual issues nor requires factual investigation or the
testimony of expert witnesses, see Tabron v. Grace, 6 F.3d 147, 155 (3d Cir. 1993),
and it being well-established that indigent civil litigants possess neither a
constitutional nor a statutory right to appointed counsel in a civil case, Montgomery
v. Pinchak, 294 F.3d 492, 498 (3d Cir. 2002), and that district courts have broad
discretion to determine whether to appoint counsel under 28 U.S.C. 1915, it is
hereby ORDERED that:

1.

The motion (Doc. 31) 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 plaintiff.

2.

The pre-trial schedule in the above-captioned case shall be as follows:
a.

Discovery shall be completed on or before July 17, 2017.

b.

In accordance with Local Rule of Court 5.4(b), the parties shall
refrain from filing discovery requests with the court.

c.

Dispositive motions shall be filed on or before August 17, 2017.

d.

Scheduling of a final pre-trial conference and the trial date of
this matter is deferred pending disposition of dispositive
motions.

3.

Any motions or briefs filed after the expiration of the applicable
deadline without prior leave of court shall be stricken from the record.

4.

No extensions of the pre-trial schedule shall be granted absent good
cause. See Fed. R. Civ. P. 16(b).

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania

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