Williams v. Lynch et al

Filing 178

ORDER appointing Attorney Thomas William McGee, III for Anthony D. Williams added. Signed by Honorable Donald C Coggins, Jr on 9/14/2018. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Anthony D. Williams ,

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Plaintiff,
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v.
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Mrs. Bennett,
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Defendant. )
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C/A No. 1:16-cv-3043-DCC

ORDER

Plaintiff, an inmate, alleges a violation of his civil rights pursuant to Bivens v. Six
Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 397 (1971). By
Order dated August 30, 2018, the undersigned granted in part and denied in part
Defendants’ motion for summary judgment. In reviewing Plaintiff’s claim for excessive
force against Defendant, it appears to the Court that this pro se litigant has a colorable
claim but lacks the capacity to properly present such claims. Zuniga v. Effler, 2012 WL
2354464 (4th Cir. 2012). In such a circumstance, the Court has the discretion to appoint
counsel for the pro se litigant if the party is unable to afford counsel. 28 U.S.C. § 1915(e).
The Court finds that appointment of counsel is proper under these circumstances and
appoints Thomas Williams McGee, III, of Nelson Mullins Riley & Scarborough LLP as
counsel for Plaintiff.

IT IS SO ORDERED.
s/Donald C. Coggins, Jr.
United States District Judge
September 14, 2018
Spartanburg, South Carolina

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