Chappell v. Waller et al (INMATE 2)

Filing 6

ORDER that Plaintiff's 5 Motion to Appoint Public Defender is DENIED as further set out in the order. Signed by Honorable Susan Russ Walker on 12/14/2010. (dmn)

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-SRW Chappell v. Waller et al (INMATE 2) Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _____________________________ MICHAEL T. CHAPPELL Plaintiff, v. GREG WALLER, et al., Defendants. _____________________________ * * * * * 2:10-CV-1022-ID (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). 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). Therefore, in the exercise of its discretion, the court shall deny Plaintiff's request for appointment of counsel. Accordingly, it is ORDERED that Plaintiff's Motion to Appoint Public Defender (Doc. No. 5), is DENIED. Done, this 14th day of December 2010. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE 2

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