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IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

WILLIE MAE STUART,

Plaintiff,

v. CASE NO. 4:10-cv-96-SPM-GRJ

UNITED STATES OF AMERICA,

OFFICER HATTEN, 

and DR. CARBONELLY,

Defendants.

_____________________________/

O R D E R

This case is before the Court on: (1) Plaintiff’s Motion Seeking Enlargement Of

Time To Serve Defendants (Doc. 40) and (2) Plaintiff’s Motion For Appointment Of

Counsel. (Doc. 41.) In her Motion Seeking Enlargement Of Time To Serve

Defendants, Plaintiff seeks the Court’s assistance in effecting service upon Defendant

Officer Hatten. The United States Marshal has informed the Court that he could not

serve Defendant Officer Hatten because there are two correctional officers currently

employed by the U.S. Bureau of Prisons (“BOP”) at the Federal Correctional InstitutionTallahassee (“FCI Tallahassee”) with the last name Hatten. (Doc. 35.) The Marshal

further informed the Court that he needs a first name in order to serve the correct

Officer Hattan. (Doc. 35.) 

This Court entered an order directing the Plaintiff to provide the Court with the

first name of the correct Officer Hatten on May 19, 2011. (Doc. 36.) In her Motion

Seeking Enlargement Of Time To Serve Defendants, Plaintiff advises that she has no

way of knowing the correct first name because the BOP has a policy against providing

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the first names of its correctional officers to inmates. Accordingly, the Plaintiff asks the

Court to subpoena the BOP’s personnel files to determine which Officer Hatten was on

duty in the Special Housing Unit at FCI Tallahassee on November 26, 2008, the date of

the incident identified in the Second Amended Complaint. (Doc. 20.) Because

Defendant Officer Hatten has not been served, the Court will direct the BOP to

determine which Officer Hatten was on duty in the Special Housing Unit at FCI

Tallahassee on November 26, 2008 and to provide that individual’s first name in

confidence to the United States Marshals Service. The United States Marshals Service

will then serve a copy of the Second Amended Complaint on the correct Officer Hatten.

Also pending before the Court is Plaintiff’s Motion For Appointment Of Counsel. 

(Doc. 41.) A plaintiff in a civil case has no constitutional right to counsel. Although a

court may appoint counsel for an indigent plaintiff under 28 U.S.C. §1915(e)(1), the

Court has broad discretion in making this decision. Bass v. Perrin, 170 F.3d 1312 (11th

Cir. 1999). Only exceptional circumstances warrant appointment, such as where “core

facts” are not in dispute and the legal issues are not so novel or complex as to require

the assistance of a trained practitioner, even if the assistance of a lawyer would

undoubtedly be helpful. Id., at 1320; Fowler v. Jones, 899 F.2d 1088 (11th Cir. 1990)

(appointment of counsel is a privilege, not a right). The Court has reviewed the Second

Amended Complaint filed in this cause and finds that the claims raised are not novel or

complex and will not require discovery or extensive legal research to resolve and,

therefore, do not warrant appointment of counsel. 

Accordingly, it is hereby ORDERED:

1. Plaintiff’s Motion Seeking Enlargement Of Time To Serve Defendants

Case No: 4:10-cv-96-SPM-GRJ

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(Doc. 40) is GRANTED.

2. The Clerk shall issue a summons for Defendant Hatten indicating that

Defendant Hatten has 60 days in which to file a response to the Second

Amended Complaint. (Doc. 20.)

3. The Clerk shall send the summons, a copy of this order, and a copy of

the Second Amended Complaint (Doc. 20), to Kathleen M. Kenney,

General Counsel, United States Bureau of Prisons, 320 First Street, NW,

Washington, DC 20534.

4. The Office of the General Counsel for the United States Bureau of Prisons

shall have thirty (30) days from the date of this Order within which to: (1)

inform the United States Marshals Service office in Gainesville in

confidence of the first name of the Officer Hatten who was on duty in the

Special Housing Unit at FCI Tallahassee on November 26, 2008; or (2)

enter an appearance on behalf of Defendant Hatten; or (3) advise the

Court that neither alternative is possible. If the proper Officer Hatten’s first

name is provided to the USMS, the General Counsel shall file an

appropriate notice with the Court. In such event, the General Counsel

shall also forward to the USMS the copy of this order, the summons,

and the service copy of the Second Amended Complaint. The USMS

shall protect the confidentiality of any information provided by the

United States Bureau of Prisons as required by Florida and federal

law, and shall not disclose any such information on any document

filed with the Court. Upon the filing of such notice, the Court will issue

further instructions for service of process.

5. Plaintiff’s Motion For Appointment Of Counsel (Doc. 41) is DENIED.

DONE AND ORDERED this 21 day of June 2011. 

st

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

Case No: 4:10-cv-96-SPM-GRJ

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