Garcia v. Bolton et al, No. 9:2017cv00072 - Document 70 (E.D. Tex. 2018)

Court Description: MEMORANDUM OPINION AND ORDER. Plaintiff's Motion to Alter or Amend Judgment, liberally construed as an appeal of the order of the Magistrate Judge 42 is DENIED. Plaintiff's Motion for Reconsideration to Rehear Motion for Appointment of Counsel 49 is DENIED as MOOT. Signed by District Judge Ron Clark on 9/23/18. (ljw, )

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Garcia v. Bolton et al Doc. 70 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION PEDRO A. GARCIA § VS. § JOHN P. BOLTON, et al., § CIVIL ACTION NO. 9:17-CV-72 MEMORANDUM OPINION AND ORDER Plaintiff, Pedro A. Garcia, an inmate formerly confined at the Polunsky Unit with the Texas Department of Criminal Justice, Correctional Institutions Division, proceeding pro se and in forma pauperis, filed this civil rights action pursuant to 42 U.S.C. § 1983 against defendants John P. Bolton, Sean R. Burks, Johnny R. Farris, Patricia Garney, and Joseph Smith. On January 31, 2018, the Magistrate Judge to whom this case is referred entered an order denying plaintiff’s motions to appoint counsel (docket entry no. 37). On February 26, 2018, plaintiff field a Motion to Alter or Amend Judgment (docket entry no. 42). This Court liberally construes the pending motion as an appeal of the order of the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(A). After a careful review, this Court can find no error in the order of the Magistrate Judge denying plaintiff’s motions to appoint counsel. The order is not clearly erroneous or contrary to law. ORDER Accordingly, Plaintiff’s Motion to Alter or Amend Judgment, liberally construed as an appeal of the order of the Magistrate Judge (docket entry no. 42) is DENIED. Plaintiff’s Motion for Reconsideration to Rehear Motion for Appointment of Counsel (docket entry no. 49) is DENIED as MOOT. So Ordered and Signed Sep 23, 2018 Dockets.Justia.com

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