Durrell Anthony Puckett v. Hernandez, et al.

Summary

The court denied Plaintiff Durrell Anthony Puckett’s sixth motion for appointment of counsel, finding that he had not demonstrated exceptional circumstances and had shown an ability to litigate the action pro se. The court also struck his pretrial statement as premature because dispositive motions remained pending and a later scheduling order would address pretrial filings.

Holdings

1. Plaintiff failed to demonstrate exceptional circumstances justifying appointment of counsel; mental-health challenges, general confinement complaints, conclusory fears, and alleged property confiscations were insufficient on this record.
2. The pretrial statement was prematurely filed and was properly stricken because dispositive motions were pending and the court had not yet issued the later scheduling order setting pretrial deadlines.

Questions Presented

1. Whether plaintiff demonstrated exceptional circumstances warranting appointment of voluntary civil counsel.
2. Whether plaintiff's pretrial statement should be stricken as prematurely filed while dispositive motions were pending and before issuance of the later scheduling order.

Disposition

other