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Home My WebLink About2021-cv-2306-RM-KLM - Perry v. State of Colorado, et al - 063 - Pl's Motion for Appointment of CounselI l l , FILED U.S. DlS Tr:IGT COURT a~;s TR!"CT ~,F CG LOH ,\DC) IN THE UNITED STATES DISTRICT COURT FoR THE rnsTRIcT oF coLoRPlIDoJuL 2s PM , = 03 -cv-O23O6 _ RPM Civil Action No. 1 : 21 Y F. COLWE~O ,,...,,. r,-,...,l_l LLt .. t\~\ Robert-Lawrence: Perry B'f __ -------------------------'- Plaintiff( s ), V. City of Fort Collins, CSU Board of Governors, et. al. Defendant(s ). MOTION FOR APPOINTMENT OF COUNSEL I am a ~-plaintiff D defendant [Select which side you are in your case] in this case and am currently not represented by counsel. I believe that I am unable to proceed with the assertion of my ~ claims D defenses [Select what is appropriate to your case] in this case without the assistance of counsel. I believe I qualify for the appointment of counsel from the Civil Pro Bono Panel. Under the court's Civil Pro Bono Representation rule, D.C.COLO.LAttyR 15, a judicial officer of this court may enter an Appointment Order authorizing appointment by the clerk of a member of the court's Civil Pro Bono Panel when the following considerations weigh in favor of appointment: (1) the nature and complexity of the action [Describe below:] This is a simple Motion for Declaratory Judgment to resolve a federal question regarding section 1983 civil rights violations in denying Petitioner the right to conduct activities of daily living and right of access and use of public facilities. Case 1:21-cv-02306-RM-KLM Document 63 Filed 07/25/22 USDC Colorado Page 1 of 6 ______ _I__ (2) the potential merit of the claims or defenses of the unrepresented party; Petitioner relies upon _case presedent and state law that conflicts with policy of Defendants in denying Petitioner the right to conduct activities of 9aily li~ing and denying Petitioner the right of access and use of public facilities. (3) the demonstrated inability of the unrepresented party to retain an attorney by other means; See attached proof of income documents. and (4) the degree to which the interests of justice, including the benefits to the court, will be served by appointment of counsel: De(endant CSU Board of Governors has adopted an exclusionary order policy permanently banning Petitioner from a state university, including access and use of public transportation, supported by Fort Collins trespass ordinance. D.C.COLO.LAttyR 15(f)(1 )(B); Hill v. SmithK/ine Beecham Corp., 393 F.~d 1111, 1115 (10th Cir. 2004 ). I am aware that I am obligated, as a party in this case representing myself, to meet all obligations and deadlines imposed under the law and the rules of procedure, local rules, and the practice of standards of this court until appointed counsel formally enters an appearance in this case. I also confirm that I understand that, in the event this motion is granted, there is no guarantee that appointment of counsel results in an attorney(s) automatically entering an appearance in this case -only Case 1:21-cv-02306-RM-KLM Document 63 Filed 07/25/22 USDC Colorado Page 2 of 6 that a member of the Civil Pro Bono Panel will review the case for possible representation. [Please check one or both of the following options:] D General Representation -I request that appointment of volunteer counsel be granted by the court for general representation in this civil action subject to the rules and procedures set forth in D.C.COLO.LAttyR 15. Limited Representation -I request that appointment of volunteer counsel be granted by the court for the limited representation purpose of: Defeating Defendant's motions to dismiss. Supporting Petitioner's Motion for Declaratory Judgment. [examples of purposes for limited representation include amending a pleading / drafting a motion I appearing at a conference. hearing. or trial / assisting with a settlement conference I etc.] I understand that counsel's limited representation may be allowed in accordance with D.C.COLO.LAttyR 2(b)(1 ), under the auspices of the Civil Pro Bono Panel program and its benefits. I confirm that I have conferred with the opposing counsel in good faith regarding this motion, as required under local rule D.C.COLO.LCivR 7.1 (a) 1 . 1 [Note: Local Rule D.C.COLOLCivR 7.1 (a) requires a party (including an unrepresented party) to confer or make reasonable good faith efforts to confer with any opposing counsel or unrepresented party about the subject of their motion before filing the motion and to describe the specific efforts to fulfill this duty. However, the duty to confer is not required under the local rules for a motion filed in a case involving an unrepresented prisoner.] Case 1:21-cv-02306-RM-KLM Document 63 Filed 07/25/22 USDC Colorado Page 3 of 6 Dated at Fort Collins (city), co (state), this 25 day July , 201 22 . Robert-Lawrence: Perry (Unrepresented Party's Name) 4786 McMurry Ave., 242 (Address) 970-980-1849 (Phone Number) { Case 1:21-cv-02306-RM-KLM Document 63 Filed 07/25/22 USDC Colorado Page 4 of 6 Your New Benefit Amount BENEFICIARY'S NAME: ROBERT L PERRY SR Your Social Security benefit will increase by 1.3% in 2021 because of a rise in the cost of living. You can use this letter as proof of your benefit amount if you need to apply for food, rent, or energy assistance. You can also use it to apply for bank loans or for other business. Keep this letter with your important financial records. How Much You Will Get Medicare Prescription Drug Plan (We will notify you if the amount changes in 2021. If you did not elect withholding as of November 1, 2020, we show $0.00) I[«:~ .:!li~~~~~~l ~!~~f:;·~'" -:!~~~:~~ Voluntary Federal tax withholding (If you did not elect voluntary tax ." withholding as of November 19, 2020, we show $0.00) $0.00 $0.00 The information above shows your monthly benefit amount before and •after deductions. ~lease remember, we will pay you in the month following the month for which it is due. ' ' The Treasury Department requires Federal benefit payments to be made electronically. 1 If you still receive a paper check, please visit the Department of the Treasury's Go Direct website at WU!w.godirect.org or call their Electronic Payment Solution Center at 1-800-333-1795. If outside the United States, please call 1-214-254-3113. If you disagree with any of these amounts, you must write to us within 60 days from t the date you receive this letter. The fastest and easiest way to file an appeal is to visit www.ssa.gov/benefits/disability/appeaLhhnl online. · Case 1:21-cv-02306-RM-KLM Document 63 Filed 07/25/22 USDC Colorado Page 5 of 6 f r I .. ll, OPEN --~-~-,1.~c.t.A,;o1..a::,;,u.U:,U,L'-=.;·- tmmble .DonoLn=•tnrn thiR .. 20'.ar-shows the t.otaI-amot:ifit- 80029-01322-1539 CU0758039-11120379132-1; .J. ..1.1.J..lV\..U..ll.l .U..1 1.1\JA -r. -----.. --•4----·--_ _.._._ .,. ___ -~··· FORM SSA-1099 -SOCIAL SECURITY BENEFIT STATEMENT 2020 • PART OF YOUR SOCIAL SECURITY BENEFITS SHOWN IN BOX 5 MAY BE TAXABLE INCOME. •SEETHE REVERSE FOR MORE INFORMATION. ~ u 0 s ~ f------------------------------~---------------1 ► Box 1. Name Box 2. Beneficiary's Social Security Number ~ ~ u " ROBERT L PERRY SR 500-64-3200 i-----------------,---------------;----------------~ Box 3. Benefits Paid in 2020 Box 4. Benefits Repaid to SSA in 2020 B6it's:.Net~enefitsl'for2020(Bax3minusi3oi(4J., ~ $9,612.00 DESCRIPTION OF AMOUNT IN BOX 3 Paid by check or direct deposit ' Treasury Benefit Payment Offset, Garnishment and/or Tax Levy Total Additions Benefits fo1· 2020 Form SSA•1099-SM (1-2021) • ,:,1: -: .. ; "> K ·-: -.~ .. :,,,-.\ ;;·--· . ;.,4 . , . · • :1~ -.. ·$9;6J2.oo_. ;ff:·~~· :.f:.. ,.._ -" ~-. "-~ ,;, :~ ~ .,t..,,•~ --~-~" ---- NONE $9,459.00 $153.00 $9;612.00 $9,612.00 DESCRIPTION OF AMOUNT IN BOX 4 NONE Box 6. Voluntary Federal Income Tax Withheld NONE Box 7. Address ROBERT L PERRY 305 MAGNOLIA STREET 131 FORT COLLINS CO 80522 Box 8. Claim Number (Use this number if you need to contact SSA.) 500-64-3200A Case 1:21-cv-02306-RM-KLM Document 63 Filed 07/25/22 USDC Colorado Page 6 of 6