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Morgan v. Wake County Detention Center Officers

United States District Court, E.D. North Carolina, Western Division

February 19, 2015

CHARLES R. MORGAN, III, Plaintiff,
v.
WAKE COUNTY DETENTION CENTER OFFICERS[1], Defendant.

ORDER

MALCOLM J. HOWARD, Senior District Judge.

This matter is before the court on the following motions:

(1) Plaintiff's Request under the Freedom of Information Privacy Act [DE #7];
(2) Plaintiff's motions for appointment of counsel [DE ##12, 15, 22, 32];
(3) Defendant's motion for summary judgment [DE #27], to which plaintiff has responded;
(4) Plaintiff's motion to amend [DE #31];
(5) Plaintiff's motion for in-camera inspection [DE #33];
(6) Plaintiff's motion for extension of time [DE #34]; and
(7) Plaintiff's motion for mediation [DE #35].

These matters are ripe for adjudication.

Motions for Appointment of Counsel

Plaintiff has filed four motions to appoint counsel. No right to counsel exists in civil cases absent "exceptional circumstances." Whisenaut v. Yuam, 739 F.2d 160, 163 (4th Cir. 1984), abrogated in part on other grounds by Mallard v. U.S. Dist. Court, 490 U.S. 296 (1989); see Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975). The existence of exceptional circumstances "hinges on [the] characteristics of the claim and the litigant." Whisenaut, 739 F.2d at 163. As this case does not present exceptional circumstances, the motions to appoint counsel [DE #12, 15, 22, 32] are DENIED.

Motion to Amend and Proper Parties

In his response to the motion for summary judgment, plaintiff acknowledges defendant's argument that Wake County Detention Center is not an entity capable of being sued or upon which process can legally be served. "The capacity of a governmental body to be sued in the federal courts is governed by the law of the state in which the ...


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