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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]

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

2
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

3
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 Devon Orland


Troutman Sanders, LLP State of Georgia Dept. of Law
Bank of America Plaza – Suite 5200 40 Capitol Square, S.W.
600 Peachtree Street, NE Atlanta, GA 30334-1300
Atlanta, GA 30308-2216

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

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