Garcia v. Bolton et al
Filing
70
MEMORANDUM OPINION AND ORDER. Plaintiff's Motion to Alter or Amend Judgment, liberally construed as an appeal of the order of the Magistrate Judge 42 is DENIED. Plaintiff's Motion for Reconsideration to Rehear Motion for Appointment of Counsel 49 is DENIED as MOOT. Signed by District Judge Ron Clark on 9/23/18. (ljw, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
LUFKIN DIVISION
PEDRO A. GARCIA
§
VS.
§
JOHN P. BOLTON, et al.,
§
CIVIL ACTION NO. 9:17-CV-72
MEMORANDUM OPINION AND ORDER
Plaintiff, Pedro A. Garcia, an inmate formerly confined at the Polunsky Unit with the Texas
Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma
pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against defendants John P.
Bolton, Sean R. Burks, Johnny R. Farris, Patricia Garney, and Joseph Smith.
On January 31, 2018, the Magistrate Judge to whom this case is referred entered an order
denying plaintiff’s motions to appoint counsel (docket entry no. 37). On February 26, 2018, plaintiff
field a Motion to Alter or Amend Judgment (docket entry no. 42). This Court liberally construes the
pending motion as an appeal of the order of the Magistrate Judge pursuant to 28 U.S.C. §
636(b)(1)(A).
After a careful review, this Court can find no error in the order of the Magistrate Judge
denying plaintiff’s motions to appoint counsel. The order is not clearly erroneous or contrary to law.
ORDER
Accordingly, Plaintiff’s Motion to Alter or Amend Judgment, liberally construed as an appeal
of the order of the Magistrate Judge (docket entry no. 42) is DENIED. Plaintiff’s Motion for
Reconsideration to Rehear Motion for Appointment of Counsel (docket entry no. 49) is DENIED
as MOOT.
So Ordered and Signed
Sep 23, 2018
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