Swisher v. Toney (INMATE2)
ORDER ON MOTION denying 18 Motion to Appoint Counsel. Signed by Honorable Judge Wallace Capel, Jr on 8/18/2011. (br, )
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
CHRISTOPHER SWISHER, #244 848 *
C/O TONEY, 3RD SHIFT,
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 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. 18), is
Done, this 18th day of August 2011.
/s/ Wallace Capel, Jr.
WALLACE CAPEL, JR.
UNITED STATES MAGISTRATE JUDGE
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