Opinion
CV 119-190
11-26-2019
JASPER D. WEST, Plaintiff, v. LEE PRESCOTT; KATHERINE MASON; ROBERT MACGREGOR; and JENFFIER CROSS, Defendants.
ORDER
After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. (Doc. no. 6.) In his objections, Plaintiff moves for appointment of counsel without giving any reasons why he is entitled to counsel. (Id. at 1-2.) As a general rule, there is no entitlement to appointed counsel in a civil rights case such as this one. Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992). Rather, the appointment of counsel is a privilege justified only by exceptional circumstances. Id.; see also Smith v. Fla. Dep't of Corr., 713 F.3d 1059, 1065 (11th Cir. 2013) (finding exceptional circumstances justified appointment of counsel where suspect conduct of prison officials hindered prisoner plaintiff's ability to present essential merits of case and, additionally, where such appointment would alleviate security concerns and help sharpen issues).
Here, Plaintiff fails to show exceptional circumstances exist to justify the appointment of counsel. Steele v. Shah, 87 F.3d 1266, 1271 (11th Cir. 1996). Plaintiff has not shown that his status as a layman prevents him from "presenting the essential merits of his . . . position," which is the key consideration in determining whether the appointment of counsel is justified. Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993). Indeed, Plaintiff has not provided any reasons why he is entitled to counsel.
Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, OVERRULES Plaintiff's objections, DENIES Plaintiff's motion to appoint counsel, (doc. no. 6), DENIES Plaintiff's request to proceed in forma pauperis, (doc. no. 2), and DISMISSES this action without prejudice. If Plaintiff wishes to proceed with the claims raised in this lawsuit, he must initiate a new lawsuit, which would require submission of a new complaint. See Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002).
SO ORDERED this 26th day of November, 2019, at Augusta, Georgia.
/s/_________
J. RANDAL HALL, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA