Opinion
3:11-CV-0054
02-06-2012
JOSE CARDONA Plaintiff v. B.A. BLEDSOE, et al., Defendants
(JUDGE MARIANI)
ORDER
AND NOW, to wit, this 6th DAY OF FEBRUARY, 2012, upon consideration of Plaintiffs Motion for Class Certification (Doc. 50), de novo review of Magistrate Judge Carlson's Report & Recommendation (Doc. 94), Plaintiffs Objections to the Report & Recommendation (Doc. 98), and Plaintiffs Motion for an Evidentiary Hearing and Protective Order (Doc. 90), IT IS HEREBY ORDERED THAT:
1. Plaintiffs Objections (Doc. 98) are SUSTAINED IN PART AND OVERRULED IN PART. After reviewing Plaintiff's Motion for Class Certification (Doc. 50) and Objections (Doc. 98), the Court sustains Plaintiff's objection that he requested the appointment of counsel in his prayer for relief. The Court overrules all other objections.
2. Magistrate Judge Carlson's Report & Recommendation (Doc. 94) is ADOPTED IN PART AND REJECTED IN PART. The Court adopts Magistrate Carlson's recommendation to deny class certification. However, the Court finds that Plaintiff clearly asked for appointment of counsel as an alternative to Plaintiffs serving as class
representative in his prayer for relief and rejects Judge Carlson's conclusion that "it is abundantly clear that Cardona has not requested the appointment of... counsel." (Doc. 94 at 12). The Court determines that an appointment of counsel is not appropriate at this time under 28 U.S.C. § 1915(e)(1), and adopts Magistrate Judge Carlson's recommendation that appointment of counsel is inappropriate (Doc. 94 at 12, n.3).
3. Plaintiffs Motion for Appointment of Counsel (Doc. 50) is DENIED.
4. Plaintiffs Motion for Class Certification (Doc. 50) is DENIED.
5. Plaintiffs Motion for an Evidentiary Hearing and Protective Order (Doc. 90) is DENIED AS MOOT.
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Robert D. Mariani
United States District Judge