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Caldwell v. Luzerne County Corrections Facility Management Employees

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


February 11, 2010

JOSHUA CALDWELL, PLAINTIFF
v.
LUZERNE COUNTY CORRECTIONS FACILITY MANAGEMENT EMPLOYEES, ET AL., DEFENDANTS

The opinion of the court was delivered by: Sylvia H. Rambo United States District Judge

(Judge Rambo)

ORDER

AND NOW, this 11th day of February, 2010, upon consideration of Plaintiff's motion for appointment of counsel (Doc. 60), and it appearing from the amended complaint (Doc. 30) and brief in opposition to the motion to dismiss (Doc. 59) that Plaintiff is capable of properly and forcefully prosecuting his claims with adequate factual investigation and appropriate citations to governing authority, and that resolution of the facial merit of Plaintiff's claims neither implicates complex legal or factual issues nor requires factual investigation or the testimony of expert witnesses, see Montgomery v. Pinchak, 294 F.3d 492, 499 (3d Cir. 2002); Tabron v. Grace, 6 F.3d 147, 155-57 (3d Cir. 1993) (listing factors relevant to a request for counsel),*fn1

IT IS HEREBY ORDERED THAT the motion (Doc. 60) is DENIED. If further proceedings demonstrate the need for counsel, the matter will be reconsidered either sua sponte or upon motion of Plaintiff. See id.


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