Motion For Appointment Of Counsel

UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT

JAMES B. STEGEMAN, JANET D. MCDONALD, Plaintiffs/Appellants

APPEAL NO. 08-16174-CC DISTRICT COURT NO. 1:08-CV-1971

Vs.

MOTION TO APPOINT COUNSEL

SUPERIOR COURT STONE MOUNTAIN JUDICIAL CIRCUIT; SUPERIOR COURT JUDGE CYNTHIA J. BECKER; GEORGIA POWER CO.; BRIAN P. WATT; SCOTT A. FARROW; Defendants/Appellees COMES NOW, Appellants and requests the appointment of counsel. District Court Judge William S. Duffey, Jr. has granted and Appellant has attached a copy of the Order Granting Motion to Appeal in Forma Pauperis signed December 23, 2008 as “Exhibit A”, in which Judge Duffey states that Appellant Stegeman is disabled. Before this case was filed in U. S. District Court Appellants diligently searched for assistance through DeKalb County Adult Protective Services and Georgia’s Legal Aid Services.

Both denied Mr. Stegeman any assistance. As a

disabled adult receiving Supplemental Security Income, Mr. Stegeman is qualified

and eligible for, and has a property right of legal assistance through Georgia’s Legal-Aid, who also receives federal funding.

Further, a cause of action is a

property interest which qualifies as entitlements, see the following: “Over the years, the Court has found a wide range of property interests that qualify as entitlements, including mere possessory interests in chattels (Fuentes v. Shevin, 1972), intangible interests such as causes of action (Logan v. Zimmerman Brush Co., 1982), the right of an employer to discharge an employee for cause (Brock v. Roadway Express, Inc., 1987), a child’s entitlement to a public school education (Goss v. Lopez 1975), and continued gas and electric service conditioned upon payment of proper charges (Memphis Light, Gas & Water v. Craft, 1978).”1 "No otherwise qualified individual with a disability in the United States, ... shall, solely by reason of her or his disability, be ... denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance...." 29 U.S.C. Sec. 794(a) The whole point of denying Mr. Stegeman Legal-Aid or assistance, is to prevent his being able to properly present his case to the Court. Appellant’s Move this Court for appointment of counsel.

[Signatures on following page]

Procedural Due Process; A Reference Guide to the United States Constitution; By Rhonda Wasserman 1

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Respectfully Submitted, this 5th day of January, 2008

BY: ___________________________ JAMES B. STEGEMAN, Pro Se 821 Sheppard Rd. Stone Mountain, GA 30083 (404) 300-9782

BY: ___________________________ JANET D. MCDONALD, Pro Se 821 Sheppard Rd. Stone Mountain, GA 30083 (404) 300-9782

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CERTIFICATE OF SERVICE I Certify that I have this 5th day of January, 2009 served a true and correct copy of the foregoing Motion To Appoint Counsel upon Defendants/Appellees, through their attorneys on record by causing to be deposited with the U.S.P.S., First Class Mail, proper postage affixed thereto, addressed as follows: Daniel S. Reinhardt Troutman Sanders, LLP Bank of America Plaza – Suite 5200 600 Peachtree Street, NE Atlanta, GA 30308-2216

Devon Orland State of Georgia Dept. of Law 40 Capitol Square, S.W. Atlanta, GA 30334-1300

______________________________ JAMES B. STEGEMAN, Pro Se JANET D. MCDONALD, Pro Se 821 Sheppard Rd Stone Mountain, GA 30083 (404) 300-9782

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