Butler v. Bessinger et al

Filing 189

ORDER APPOINTING COUNSEL: The Court hereby appoints Lauren V. Knight of Elliott & Phelan, LLC, as counsel for Plaintiff. AND IT IS SO ORDERED. Signed by Honorable Richard M Gergel on 03/05/2019. (dsto, )

IN THE UNITED ST ATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

Lavadre Butler, #337779,
Plaintiff,
V.

Trevor Bessinger, Lisa Young,
Gregory Washington, Mr. Esterline,
Mr. Suarez, Mr. Braddy, Mr. Shorter,
Mr. Williams,
Defendants.

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Civil Action No. 4:16-3662-RMG

ORDER

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Plaintiff, an inmate, has asserted pro se claims of violation of his Eighth Amendment
rights arising from the Defendants' alleged failure to protect him from a known risk of violence
and use of excessive force. The Court granted in part and denied in part Defendants' motion for
summary judgment. (Dkt. No. 186.) In reviewing Plaintiffs claims, it is apparent to the Court
that the pro se Plaintiff "has a colorable claim but lacks the capacity to present it." Zuniga v.
Effler, 474 Fed. Appx. 225 , 2012 WL 2354464, at *1 (4th Cir. 2012). In such circumstances, the

Court has the discretion to appoint counsel for the pro se litigant if he is unable to afford counsel.
28 U.S.C. § 1915(e).
The Court finds that appointment of counsel is proper under these circumstances and
hereby appoints Lauren V. Knight of Elliott & Phelan, LLC as counsel for Plaintiff.
AND IT IS SO ORDERED.

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March ~' 2019
Charleston, South Carolina

United States District Court Judge