Hill v. Dobey et al

Filing 87

ORDER denying 80 Motion to Reassign Case. Signed by Magistrate Judge Kevin McDonald on 8/12/10.(ladd, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION C u rtis Rena Hill, #296024, a /k/a Curtis R. Hill, Plaintiff, vs. A d e ll Dobey, Polly Hall and M a rc u s Smith, Defendants. ) ) ) ) ) ) ) ) ) ) ) )

Civil Action No. 6:08-4080-HMH-KFM ORDER

T h is matter is before the court on the plaintiff's "Motion to Dismiss Counsel" (doc. 8 0 ). The plaintiff, a state prisoner who is proceeding pro se, brought this action seeking relief p u rs u an t to Title 42, United States Code, Section 1983. In his complaint, the plaintiff alleges d e lib e ra te indifference to a serious medical need after he slipped and fell on a wet floor at E d g e fie ld County Detention Center on September 29, 2008, causing injuries including a s p ra in e d ankle. P u rsu a n t to the provisions of Title 28, United States Code, Section 636(b)(1)(B), a n d Local Rule 73.02(B)(2)(d), D.S.C., this magistrate judge is authorized to review all pretrial m a tte rs in cases filed under Title 42, United States Code, Section 1983. In his motion now before the court, the plaintiff asks that his case be reassigned, a n d that the undersigned "remove himself from the above case" based upon ineffective a s s is tan c e of counsel, conflict of interest, Brady v. Maryland violation, Fourteenth Amendment D u e Process violation, and Sixth Amendment right to counsel violation (pl. motion at 1-2). It a p pe a rs that the plaintiff is unhappy that his motion to appoint counsel and motion for re c on s id e ra tio n were recently denied. Nonetheless, the plaintiff has provided no basis for the re c us a l of the undersigned from this case. Accordingly, the motion (doc. 80) is denied. IT IS SO ORDERED. A u g u s t 12, 2010 G re e nv ille , South Carolina s /K e v in F. McDonald U n ite d States Magistrate Judge