Pitts v. Ramsey County
- Michael Davis
- 0:17-cv-04261
- U.S. District Court · District of Minnesota
- 2
In Pitts v. Ramsey County, Judge Davis adopted the recommendation, overruled objections, and denied requests for counsel, reconsideration, and hearings.
Herb Pitts’s objections and requests for appointed counsel, reconsideration, and hearings were denied or overruled; the case remained closed.
What happened
In Pitts v. Ramsey County, Herb Pitts objected to a magistrate judge’s recommendation and again asked the court to appoint a lawyer. The opinion says the case had already been dismissed, most claims were dismissed without prejudice, and a reconsideration motion had been denied.
After reviewing the record anew, the court adopted the recommendation. It explained that civil litigants do not have a constitutional or statutory right to appointed counsel and said counsel was unnecessary because the case had ended.
Judge Michael J. Davis overruled Pitts’s objections and denied his requests for appointed counsel, reconsideration, and hearings.
The detailed version
- Pitts v. Ramsey County · No. 0:17-cv-04261
- Michael Davis
- July 30, 2019
Background
Herb Pitts, representing himself, objected to a June 26, 2019 Report and Recommendation by United States Magistrate Judge Tony N. Leung. Pitts also renewed his request for appointed counsel and requested hearings. The opinion states that the case had already been dismissed, that most claims were dismissed without prejudice, and that a motion for reconsideration had been denied. It does not describe the underlying claims or the reasons for their dismissal.
Court’s analysis
The court conducted a new review of the record as required by 28 U.S.C. § 636(b)(1) and Local Rule 72.2(b). It adopted Magistrate Judge Leung’s Report and Recommendation. The court stated that civil litigants have no constitutional or statutory right to appointed counsel. Relying on reasons explained in its January 3, 2018 order, it denied Pitts’s request for counsel, adding that appointment was unnecessary because the case had ended.
Ruling
The court adopted the Report and Recommendation; overruled Pitts’s motion objecting to the findings and recommendation; denied his motion to appoint counsel; denied his motion for reconsideration under Local Rule 7.1(j); and denied his requests for a hearing. The order states that the case was closed. This opinion addresses objections and related requests rather than deciding the underlying claims.
Judge
The order was signed by United States District Judge Michael J. Davis.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.