United States District Court, S.D. Illinois
October 21, 2005.
TED KNOX, Plaintiff,
MARVIN F. POWERS, TERRY CALIPER, REBECCA FORNEAR, JACKIE HAMILTON, LANA WATKINS, TWYLA WALTON, CARROLL GEORGE, JANE SIMMONS and WEXFORD HEALTH SOURCES, Defendants.
The opinion of the court was delivered by: J. GILBERT, District Judge
MEMORANDUM AND ORDER
This matter comes before the Court on plaintiff Ted Knox's
objection (Doc. 22) to Magistrate Judge Frazier's order (Doc. 17)
denying his motion for appointment of counsel (Doc. 3). A
district court reviewing a magistrate judge's decision on
nondispositive issues should only modify or set aside that
decision if it is clearly erroneous or contrary to law. See
Fed.R.Civ.P. 72(a); 28 U.S.C. § 636(b)(1)(A). Accordingly, the
Court will affirm Magistrate Judge Frazier's decision unless his
factual findings are clearly erroneous or his legal conclusions
are contrary to law. Id.
The Court has reviewed Knox's motion for appointment of counsel
and Magistrate Judge Frazier's thorough analysis of the factors
the Court should consider when deciding whether to appoint
counsel for an indigent litigant. The Court cannot say that
Magistrate Judge Frazier's decision to deny Knox's motion for
appointment of counsel without prejudice was clearly erroneous or
contrary to law. For this reason, the Court AFFIRMS Magistrate
Judge Frazier's decision (Doc. 17) to deny Knox's motion for
appointment of counsel.
IT IS SO ORDERED.
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