LOFLAND v. WESTERN PSYCHIATRIC INSTITUTE AND CLINIC OF UPMC PRESBYTERIAN SHADYSIDE

Filing 9

ORDER denying Plaintiff's Motion for Immediate Trial (Doc. 7 ); and denying Plaintiff's Motion to Appoint Counsel (Doc. 8 ). Signed by Judge Cathy Bissoon on 4/8/13. (dcd)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA SHAVON LOFLAND, Plaintiff, v. WESTERN PSYCHIATRIC INSTITUTE AND CLINIC OF UPMC PRESBYTERIAN SHADYSIDE, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 13-370 Judge Cathy Bissoon ORDER Plaintiff’s “Motion for Immediate Trial” (Doc. 7) is DENIED. With respect to Plaintiff’s Motion (Doc. 8) for appointment of counsel, Plaintiff has failed to place into the record sufficient allegations and/or information for the Court to conclude that his claim has “some arguable merit in fact and law.” Johnson v. Stempler, 2010 WL 1226127, *2 (3d Cir. Mar. 31, 2010) (indigent civil litigant possesses neither constitutional nor statutory right to appointed counsel, and, as “a threshold matter,” his claim must be arguably meritorious before court will appoint counsel) (citing and quoting Tabron v. Grace, 6 F.3d 147, 153 (3d Cir. 1993), other citations and quotations omitted). In light of the foregoing, the Court need not reach the remaining Tabron factors, and Plaintiff’s Motion (Doc. 8) is DENIED. IT IS SO ORDERED. April 8, 2013 s\Cathy Bissoon Cathy Bissoon United States District Judge cc (via ECF email notification): All Counsel of Record cc (via First-Class U.S. Mail): Shavon Lofland 4812 Rosetta Street Pittsburgh, PA 15224 2

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