Farmer v. Parker et al

Filing 32

ORDER: The Clerk has received a letter from the Plaintiff in this matter 30 . The letter seems to make some mention of a request for the appointment of counsel. To the extent this is a request for appointment of counsel, it is DENIED. The Plaintiff may have until 8/20/2012, to file a proper response to two motions to dismiss. Signed by Magistrate Judge Joe Brown on 8/7/12. (xc:Pro se party by regular and certified mail.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
KEITH LAMONT FARMER,

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Plaintiff
v.
CPL. CHRIS PARKER, et al.,
Defendants

Case No. 3:12-0489
Judge Trauger/Brown
Jury Demand

O R D E R
The Clerk has received a letter from the Plaintiff in
this matter (Docket Entry 30).

As an initial matter, anything the

Plaintiff sends to the court should be in the form of a motion that
is something he asks the court to do, or a response that is saying
why something the Defendants requested should not be granted.
In
dismiss–one

this
by

case,

Sheriff

there
Hall

are

(Docket

two

pending

Entry

Metropolitan Government (Docket Entry 27).

25),

motions
and

one

to
by

Both of these motions

ask that the case as to these Defendants be dismissed because the
Plaintiff has not stated a valid claim against them.
The Defendant Parker has requested additional time to
file an answer or other pleading, and the Magistrate Judge has
given Defendant Parker until August 13, 2012, to file an answer or
other pleading.
Turning to the letter from Plaintiff (Docket Entry 30),
the Magistrate Judge is not sure what the Plaintiff is asking for.
The Plaintiff does advise that he anticipates being moved in the

near future.

The Plaintiff must keep a current address on file

with the Court at all times and he should notify the Court as soon
as he is moved and knows where he will be located.
The letter seems to make some mention of a request for
the appointment of counsel.

To the extent this is a request for

appointment of counsel, it is DENIED.
The appointment of an attorney in civil cases is limited
to exceptional cases.

This case does not appear to meet those

standards.
The Supreme Court has held that “an indigent’s right to
appointed counsel . . . exists only where the litigant may lose his
physical

liberty

if

he

loses

the

litigation.”

Lassiter

Department of Social Services, 452 U.S. 18, 25 (1981).

v.

Therefore,

unlike criminal proceedings, there is no constitutional right to
appointed counsel in a civil action. Willett v. Wells, 469 F.Supp.
748, 751 (E.D. Tenn. 1977).
The appointment of counsel for a civil litigant is a
matter within the discretion of the District Court and will only
occur under exceptional circumstances. Lavado v. Kechane, 992 F.2d
601 (6th Cir. 1993). In this instance, no such circumstances exist.
It further appears that Plaintiff’s letter may be an
effort to respond to the motions to dismiss by Sheriff Hall and by
Metropolitan
understand.

Government.

If

so,

it

is

very

difficult

to

If the Plaintiff intended for this to be his response
2

to the motions to dismiss, the Magistrate Judge will consider it
and prepare a report and recommendation to Judge Trauger as to
whether the motions should be granted or denied.
If it was not the Plaintiff’s intent to make this his
response to the two motions to dismiss, the Plaintiff may have
until August 20, 2012, to file a proper response.
The Plaintiff is responsible for sending a copy of any
response to counsel for the Defendants and every document that you
file should have a proper certificate of service at the end of it
in the form as follows.

When counsel for Defendant Parker answers

the complaint, their attorney’s name and address must also be
included in the certificate of service.
CERTIFICATE OF SERVICE
I certify that a copy of the foregoing document has been
served by mail upon Cynthia E. Gross and Allison L.
Bussell, Metropolitan Legal Department, Post Office Box
196300, Nashville, TN 37219, on
WRITE IN THE DATE YOU
MAIL THE DOCUMENT .
SIGN your name & print address
Keith Lamont Farmer #320523
Davidson County Sheriff’s Office
P.O. Box 196383
Nashville, TN 37219-6383
The Plaintiff should not send documents to the Clerk
asking for relief from this case without sending a copy to counsel
for the Defendants.
It is so ORDERED.
/s/ Joe B. Brown
JOE B. BROWN
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United States Magistrate Judge

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