DOWNER v. ELBERT COUNTY DETENTION CENTER

United States District Court for the Middle District of Georgia

DOWNER v. ELBERT COUNTY DETENTION CENTER

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION

KENNETH ANTWAN DOWNER, : : Plaintiff, : : v. : Case No. 3:22-cv-00057-TES-CHW : ELBERT COUNTY DETENTION : CENTER, et al., : Proceedings Under

42 U.S.C. § 1983

: Before the U.S. Magistrate Judge Defendants. : :

ORDER Pro se Plaintiff Kenneth Downer again seeks the appointment of counsel to represent him in this case. (Doc. 50). For the reasons explained in the Court’s previous order (Doc. 14), Plaintiff’s motion is DENIED. Plaintiff is reminded that no right to counsel exists in a civil case. Wahl v McIver,

773 F.2d 1169, 1174

(11th Cir. 1986). Should it later become apparent that legal assistance is required to avoid prejudice to Plaintiff’s rights, then the Court, on its own motion, will consider assisting Plaintiff in securing legal counsel at that time. Attached to Plaintiff’s motion was a lettering expressing frustration that he has not had sufficient law library time at his current prison. (Doc. 50-2). The Court construes Plaintiff’s letter as a request for additional time to respond to Defendant’s motion for summary judgment. Defendant shall have until January 12, 2024 to respond to the motion. SO ORDERED, this 5th day of December, 2023.

s/ Charles H. Weigle Charles H. Weigle United States Magistrate Judge

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