Jones v. Special Commitment Center et al

Filing 54

ORDER granting 52 Motion to Waive Court Appointment of Counsel signed by Judge J Richard Creatura.(MET) cc: plaintiff

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 JAMES EDWARD JONES, 11 12 13 Plaintiff, v. SPECIAL COMMITMENT CENTER, et. al., CASE NO. C14-5018 JRC ORDER GRANTING MOTION TO WAIVE COURT APPOINTMENT OF COUNSEL 14 Defendants. 15 16 The District Court has referred this 42 U.S.C. § 1983 civil rights action to the 17 undersigned Magistrate Judge pursuant to 28 U.S.C. §§ 636 (b)(1)(A) and (B), Fed. R. Civ. P. 18 72, and Local Magistrate Judge Rules MJR 1, MJR 3, and MJR 4. 19 On May 11, 2016, the Court provided in its Order Granting Motion For Jury Trial and 20 Setting Trial Date and Pretrial Schedule that plaintiff may move for the Court to appoint counsel 21 on or before June 3, 2016. Dkt. 51 at 3. 22 On May 31, 2016, plaintiff, proceeding pro se and in forma pauperis, filed a Motion to 23 Expressly Waive Court Appointment of Counsel and to Represent as Pro Se Litigant (“Motion”). 24 ORDER GRANTING MOTION TO WAIVE COURT APPOINTMENT OF COUNSEL - 1 1 Dkt. 52. Plaintiff asserts that he has submitted discovery, exhibits, and briefs which were 2 comprehensive and focused. Id. at 2. Plaintiff further states he has demonstrated that he will 3 prevail at trial and the case is not so complex to require an attorney be appointed to represent his 4 interests. Id. The defendants have responded to the Motion and take no position. Dkt. 53. 5 Based on the foregoing, the Court grants plaintiff’s motion without prejudice. In the 6 event plaintiff changes his mind or demonstrates that he is unable to represent himself 7 adequately, the Court may revisit this issue. 8 9 Dated this 20th day of July, 2016. 10 A 11 J. Richard Creatura United States Magistrate Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER GRANTING MOTION TO WAIVE COURT APPOINTMENT OF COUNSEL - 2

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