Wilson v. Quinley (INMATE 2)

Filing 7

ORDER denying 6 Motion to Appoint Counsel. Signed by Honorable Susan Russ Walker on 11/2/09. (sl, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ____________________________ JOHN ALVIN WILSON #2008157142 Plaintiff, v. OFFICER QUINLEY D-24, Defendant. ____________________________ * * * * * 2:09-CV-906-TMH (WO)

ORDER ON MOTION Pending before the court is Plaintiff's request for appointment of counsel. A plaintiff in a civil case has no constitutional right to counsel. While an indigent plaintiff may be appointed counsel pursuant to 28 U.S.C. § 1915(e)(1), a court retains broad discretion in making this decision. See Killian v. Holt, 166 F.3d 1156, 1157 (11th Cir.1999). The court finds that Plaintiff has not shown that there are exceptional circumstances justifying appointment of counsel at this time. See Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993); Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992); see also Fowler v. Jones, 899 F.2d 1088, 1096 (11th Cir. 1990). Therefore, in the exercise of its discretion, the court shall deny Plaintiff's request for appointment of counsel. The request may be reconsidered if warranted by further developments in this case. Accordingly, it is ORDERED that Plaintiff's Motion for Appointment of Counsel (Doc. No. 6), is DENIED.

DONE, this 2nd day of November 2009. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE