ASHLEY v. WELLMAKER
ASHLEY v. WELLMAKER
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION
JUSTIN SINCLAIR ASHLEY, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 5:22-cv-214 (MTT) ) WELLMAKER, et al., ) ) Defendants. ) __________________ )
ORDER Plaintiff Justin Ashley, proceeding pro se, moves for the appointment of counsel. Docs. 49; 52. Pursuant to
28 U.S.C. § 1915(e)(1), “[t]he court may request an attorney to represent any person unable to afford counsel.” Nevertheless, “[a]ppointment of counsel in a civil case is not a constitutional right.” Wahl v. McIver,
773 F.2d 1169, 1174(11th Cir. 1985). Rather, “it is a privilege that is justified only by exceptional circumstances.”
Id.Because Ashley’s claims do not present “exceptional circumstances” that would warrant the appointment of counsel, his motions to appoint counsel (Docs. 49; 52) are DENIED. Moreover, pursuant to the Court’s order for pretrial submissions, Ashley is ORDERED to provide to the Court the following by February 15, 2024: • A list of witnesses Ashley wants to call at trial, and • A list of documents Ashley will use at trial.
SO ORDERED, this 26th day of January, 2024. S/ Marc T. Treadwell MARC T. TREADWELL, CHIEF JUDGE UNITED STATES DISTRICT COURT
Reference
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