Luckett v. Simon et al

Filing 18

OPINION AND ORDER granting 16 MOTION for the Courts to Accept Unnotarized Motions and Documents, granting 17 MOTION for Extension of Time, denying 17 MOTION to Appoint Counsel. ( Objections to R&R due by 11/8/2013) Signed by Honorable Cameron McGowan Currie on 10/29/2013. (jpet, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Mr. Leroy Luckett,

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Plaintiff,
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v.
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Ms. S. Bracey Simon, Lee Correctional
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Postal/Mailroom Staff;
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Associate Warden J.J. Brooks, Jr.,
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Defendants.
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___________________________________ )

C/A NO. 0:13-2115-CMC-PJG

OPINION and ORDER

This matter is before the court on Plaintiff’s motions to “Accept My Unnotarized Motions
and Documents,” and for an extension of time and appointment of counsel. ECF Nos. 16 & 17.
Plaintiff’s motion for this court to accept unnotarized documents is granted. Additionally,
Plaintiff’s motion for extension of time is granted. Plaintiff shall have until Friday, November 8,
2013, to file objections to the Report and Recommendation. No further extensions shall be granted.1
On September 26, 2013, the Magistrate Judge to whom this case is assigned entered a Report
and Recommendation (“Report”) recommending that Plaintiff’s complaint be dismissed without
prejudice and without issuance and service of process.
Plaintiffs in civil rights cases brought under 42 U.S.C. § 1983 do not have a right to court
appointed counsel. Hardwick v. Ault, 517 F.2d 295 (5th Cir. 1975). However, the court has
discretionary authority to appoint counsel “in exceptional cases,” in a civil action brought by a

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According to Plaintiff, he did not receive a copy of the complaint and its attached exhibits
which this court ordered be provided to Plaintiff. See Mot. at 2-4 (ECF No. 17). Accordingly, the
Clerk is hereby directed to provide an additional copy of this 137-page document to Plaintiff.
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litigant proceeding in forma pauperis. Cook v. Bounds, 518 F.2d 779 (4th Cir. 1975); 28 U.S.C. §
1915(d). Plaintiff’s complaint does not present unusual circumstances to justify the appointment
of counsel, nor will Plaintiff be denied due process if an attorney is not appointed. Therefore,
Plaintiff’s motion for appointment of counsel is denied.
IT IS SO ORDERED.
s/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
SENIOR UNITED STATES DISTRICT JUDGE

Columbia, South Carolina
October 29, 2013

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