Coleman v. Merritt et al

Filing 10

ORDER denying Plaintiff's 9 Motion to Appoint Counsel. The motion for appointment of counsel, Dkt. 9 , is DENIED without prejudice. Signed by Hon. Brian A Tsuchida. (KRA) (cc: Plaintiff via USPS)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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TRAVIS CLINTON COLEMAN ,

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Plaintiff,

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CASE NO. 2:24-cv-01566-JCC-BAT
ORDER DENYING SECOND
MOTION FOR COUNSEL, DKT. 9

v.
C. MERRITT, et al.,
Defendant.

Before the Court is Plaintiff’s second or supplemental motion for appointment of counsel.

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Dkt. 9. Plaintiff filed a complaint alleging (1) Defendants assaulted and injured him on August

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10, 2024; (2) he was denied adequate medical care for injuries suffered in the assault; and (3)

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following the assault, he was placed in restrictive custody without a hearing. Dkt. 5.

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Plaintiff first moved for counsel contending he cannot afford to hire a lawyer;

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incarceration makes it difficult to research and investigate his case; he has mental conditions that

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impair him; and counsel would be better able to present evidence and cross-examine witnesses at

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a trial. Dkt. 7. The Court denied this motion finding Plaintiff’s case does not involve exceptional

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circumstances; that Plaintiff can articulate his claims as a pro se litigant; the case involves

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straightforward allegations that defendants assaulted and injured him, that he was denied medical

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care for these injuries, and that Plaintiff was placed into restrictive custody following the assault;

ORDER DENYING SECOND MOTION FOR
COUNSEL, DKT. 9 - 1

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and that Plaintiff’s likelihood of succeeding is unclear at this early stage. See Order Denying

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Counsel, Dkt. 8.

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After the Court issued its order denying counsel, Plaintiff filed another motion for

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counsel entitled “supplemental” indicating he has filed grievances regarding “pro se materials”

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such as the case number assigned in his case. The Court finds these allegations are not grounds

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to appoint counsel and accordingly ORDERS: (1) the motion for appointment of counsel, Dkt. 9

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is DENIED without prejudice; and (2) a copy of this order shall be provided to plaintiff.

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DATED this 28th day of October, 2024.

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A

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BRIAN A. TSUCHIDA
United States Magistrate Judge

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ORDER DENYING SECOND MOTION FOR
COUNSEL, DKT. 9 - 2