Owuor v. The U.S. Dept. of Homeland Security et al (INMATE 3)

Filing 56

ORDER denying plaintiff's 54 Motion for appointment of counsel. Signed by Honorable Charles S. Coody on 8/4/2010. (cc, )

Download PDF
Owuor v. The U.S. Dept. of Homeland Security et al (INMATE 3) Doc. 56 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION PETER MAKUSI OTEMBA OWUOR, Plaintiff, v. U.S. DEPT. OF HOMELAND SECURITY, et al., Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No. 2:09cv1166-ID (WO) ORDER ON MOTION Pending before the court is Plaintiff's motion for appointment of counsel. (Doc. No. 54.) 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. 19 99 ). Here, the court finds from its review of the complaint that Plaintiff is able to adequately articulate the facts and grounds for relief in the instant matter without notable difficulty. Furthermore, the court concludes that Plaintiff's complaint is not of undue complexity and that he has not shown that there are exceptional circumstances justifying appointment of counsel. 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). As such, the interests of justice do not compel appointment of Dockets.Justia.com counsel at this time. Therefore, in the exercise of its discretion, the court shall deny Plaintiff's motion for appointment of counsel at this time. 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. 54), is DENIED. Done this 4th day of August, 2010. /s/Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?