Eric J. Mapes v. Carroll County Superior Court and Carroll County Clerks Office

Summary

The United States District Court for the Northern District of Indiana denies Eric J. Mapes’s Rule 59(e) motion seeking reconsideration of the dismissal with prejudice of his claims against the Carroll County Superior Court and Carroll County Clerk’s Office. The court concludes that Mapes has not shown a manifest error of law or newly discovered evidence and rejects his arguments concerning counsel, amendment, filing procedures, electronic filing, attorney disqualification, and the sufficiency of his ADA and constitutional claims.

Holdings

1. The court denied reconsideration because Mapes identified neither a manifest error of law nor newly discovered evidence.
2. The court did not err in denying appointed counsel because there is no constitutional or statutory right to court-appointed counsel in a federal civil case, and Mapes did not establish the circumstances supporting a request for volunteer counsel.
3. The court did not err in striking the amended complaint filed without leave of court and the unsigned filings.
4. The court declined to reconsider dismissal with prejudice because Mapes still did not identify facts sufficient to state an ADA or First Amendment claim or any error in the prior dismissal analysis.
5. The court did not err in denying disqualification because representation of a different client in a separate action did not establish an ethical violation, and Mapes lacked standing to seek disqualification as neither a current nor former client of the attorney.

Questions Presented

1. Whether Mapes demonstrated a manifest error of law or newly discovered evidence warranting reconsideration under Rule 59(e).
2. Whether the court erred by denying appointed counsel to the pro se plaintiff.
3. Whether the court erred in striking the amended complaint and unsigned filings without allowing an opportunity to cure.
4. Whether dismissal of the ADA and First Amendment claims with prejudice was improper.
5. Whether the court erred in denying Mapes's motion to disqualify defense counsel.

Disposition

other