Opinion
Civil Action 3:21-CV-668-S-BK
06-22-2021
DAMARIS PLAISANT MCCALLEY v. JANE BOYLE, et al.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
The United States Magistrate Judge made findings, conclusions, and a recommendation in this case [ECF No. 9]. Plaintiff filed an objection [ECF No. 10] (“Objection”). The District Court reviewed de novo those portions of the proposed findings, conclusions, and recommendation to which objections were made, and reviewed the remaining proposed findings, conclusions, and recommendation for plain error.
Plaintiff objects, in part, that the proposed findings, conclusions, and recommendation refer to her as a man, when she is, in fact, a woman. See Objection 3. The Court therefore modifies the proposed findings, conclusions, and recommendation to refer to Plaintiff as a woman.
The Court OVERRULES Plaintiffs remaining objections and ACCEPTS the Findings, Conclusions, and Recommendation of the United States Magistrate Judge as modified by the Court.
The Court DENIES Plaintiffs February 25, 2021 Motion to Appoint Counsel [ECF No. 11]. Plaintiff has not shown that exceptional circumstances require the appointment of counsel under 28 U.S.C. § 1915(e)(1).
SO ORDERED.