David Brian Morgan v. United States, et al.

Summary

The United States District Court for the District of New Mexico directs pro se Plaintiff David Brian Morgan to file a § 1983 complaint and either pay the filing fee or submit an in forma pauperis application with the required account statement. The court denies the request for issuance of summons without prejudice, grants in part and denies in part the motion to alter or amend, and declines to request pro bono counsel.

Holdings

1. The plaintiff was ordered to file a complaint on the § 1983 form within thirty days and, by the same deadline, either prepay the $405 filing fee or submit an in forma pauperis motion with a six-month account statement.
2. The request for issuance of summons was denied without prejudice because it was premature before filing and initial screening of a completed prisoner complaint.
3. The motion to alter or amend was granted in part, permitting the plaintiff to amend the names of defendants and seek a jury trial in the amended complaint filed within thirty days.
4. The request for appointment of counsel was denied without prejudice because the court may only request an attorney to undertake a § 1983 case on a pro bono basis, and the discretionary factors did not warrant such a request at that stage.

Questions Presented

1. Whether the plaintiff should be required to file a completed § 1983 complaint and either prepay the filing fee or submit a compliant in forma pauperis application.
2. Whether issuance of summons was premature before filing and screening of a viable prisoner civil-rights complaint.
3. Whether the plaintiff should be permitted to amend defendant names and request a jury trial.
4. Whether counsel should be appointed or requested on a pro bono basis for the pro se prisoner.

Disposition

other