Perkins v. Daniels

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA

Victor B. Perkins, Case No. 24-CV-01094 (JMB/DTS) Plaintiff, v. ORDER

Dr. Jack Daniels and Dr. Dionne Hart,

Defendants.

This matter is before the Court on Plaintiff Victor B. Perkins’s Motion to Appoint Counsel. (Doc. No. 26.) On June 13, 2024, this Court dismissed Perkins’s Fifth and Eighth Amendment claims, which he brought under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Perkins is now appealing that order and has filed a motion to appoint appellate counsel. A request for counsel on appeal must be determined by the Court of Appeals, not this Court. Accordingly, Perkins’s request for appointment of appellate counsel must be denied as not properly before the Court. Perkins should refile his request for appointment of counsel with the Eighth Circuit Court of Appeals. Therefore, based on the foregoing, all the records, files, and proceedings herein, IT IS HEREBY ORDERED that Perkins’s motion to appoint counsel on appeal (Doc. No. 26) is DENIED.

Dated: July 26, 2024 /s/ Jeffrey M. Bryan Judge Jeffrey M. Bryan United States District Court