Free Order on Motion to Appoint Counsel - District Court of Colorado - Colorado

Case 1:04-cv-00791-WDM-BNB

Document 136

Filed 07/11/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 04-cv-00791-WDM-BNB STEPHEN H. ADAMS, Plaintiff, v.

MICHAEL GASKILL, et al., Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter is before me on the plaintiff's Motion Requesting the Appointment of Counsel to Assist Pro Se Plaintiff in Proceedings [Doc. #128, filed 6/22/07] (the "Motion"). The plaintiff seeks appointment of counsel to assist him with this case. The Motion is DENIED. On May 4, 2007, the district judge permitted the defendants to file a supplemental motion for summary judgment on the plaintiff's remaining claim. The plaintiff was ordered to file a response to the motion on or before June 8, 2007. The defendants filed their supplemental motion for summary judgment on May 7, 2007. The plaintiff did not file a response to the motion, nor did he seek an extension of time to file a response. On June 22, 2007, the plaintiff filed a motion requesting that the defendants' supplemental motion for summary judgment be denied on the basis that they did not serve the motion on him. The district judge denied the plaintiff's motion to deny summary judgment as follows: Plaintiff has offered no evidence from which I can conclude that Defendants' counsel did not send the motion on May 7, 2007.

Case 1:04-cv-00791-WDM-BNB

Document 136

Filed 07/11/2007

Page 2 of 2

Plaintiff has not requested an extension of time to respond, but merely requests that the supplemental motion for summary judgment be denied. This request will be denied. In addition, Plaintiff will not be granted additional time to respond to the motion. Even if Plaintiff did not receive the motion until May 24, 2007, he certainly had sufficient time before the June 8, 2007 deadline to request an extension of time. Instead, he waited several weeks before addressing the issue and even now gives no indication that he intends to present a response. Order on Motion Requesting Relief from Judgment or Order [Doc. #134, issued 6/25/07]. The plaintiff is currently incarcerated at the Colorado Territorial Correctional Facility. He seeks appointment of counsel due to the prison law library's lack of "necessary Federal Books or material pertinent to plaintiff being able to prepare a sufficient arguement [sic] based on his claims." Motion, p. 1. The plaintiff states that the library does not possess "the necessary material plaintiff needs to prepare documents, disposition, discovery documents . . . ." Id. at p. 2. The plaintiff does not specify which materials he needs or why the materials are necessary to his case. My review of the record shows that there are no matters pending which require the plaintiff to prepare documents. Accordingly, IT IS ORDERED that the Motion is DENIED. Dated July 11, 2007. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

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