McKinney v. Paddock

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION ANTHONY L. MCKINNEY, Plaintiff, Case No. 2:20-cv-1450 vs. DENISE PADDOCK, et al., District Judge Michael H. Watson Magistrate Judge Michael J. Newman Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This civil rights case is before the Court on three motions filed by pro se Plaintiff. Docs. 19, 20, 21. In his first motion, Plaintiff seeks a 45-day extension of time, but fails to identify what deadline he seeks to extend. Doc. 19. In the absence of more clarity from Plaintiff, this motion (doc. 19) is DENIED, but WITHOUT PREJUDICE to refile with more specificity. In his second motion, Plaintiff seeks a 45-day extension of time to perfect service on unidentified Defendants. Doc. 20. In the interest of justice, Plaintiff’s motion for an extension of time to perfect service under Fed. R. Civ. P. 4(m) (doc. 20) is GRANTED. Finally, Plaintiff again moves for the appointment of counsel in this case. Doc. 21. As the Court noted previously, (doc. 7), while Congress has authorized courts to appoint counsel in cases where in forma pauperis status has been granted, see 28 U.S.C. § 1915(e)(1), it has never authorized any funding for such counsel, and the Court cannot compel counsel to serve without compensation. Mallard v. U.S. Dist. Court, 490 U.S. 296, 308-09 (1989); Lavado v. Keohane, 992 F.2d 601, 605-06 (6th Cir. 1993). Therefore, Plaintiff’s second motion for the appointment of counsel (doc. 21) is DENIED WITHOUT PREJUDICE. The Court will reconsider Plaintiff’s motion at the conclusion of all discovery and the issuance of an order on motions for summary judgment, if any. IT IS SO ORDERED.

Date: August 14, 2020 s/ Michael J. Newman Michael J. Newman United States Magistrate Judge