Brown v. Progress Rail Services Kershaw Division (MAG+)

Filing 9

ORDER denying #8 Motion to Appoint Counsel, as further set out. Signed by Honorable Judge Susan Russ Walker on 11/30/12. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
DERRYLE BROWN,
Plaintiff,
v.
PROGRESS RAIL SERVICES
KERSHAW DIVISION
Defendant.

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CIVIL ACTION NO. 2:12CV1010-MEF
(WO)

ORDER
This action is before the court on plaintiff’s motion for appointment of counsel (Doc.
# 8). Plaintiff commenced the present action without the assistance of counsel and, in his
motion, provides no indication that he is unable to represent himself. The allegations
underlying the plaintiff’s claims for relief are relatively simple and the law applicable to such
claims is not complex. “The fact that a plaintiff would be helped by counsel is not sufficient
to require appointment.” Rizo v. Alabama Department of Human Resources, 228 Fed. Appx.
832, 834 (11th Cir. 2007)(unpublished opinion). The court concludes that the circumstances
of this case do not justify appointment of counsel. See Bass v. Perrin, 170 F.3d 1312, 1320
(11th Cir. 1999)(plaintiff in a civil case has no constitutional right to counsel and court
should appoint counsel only in exceptional circumstances); see also Hunter v. Department
of the Air Force, 846 F.2d 1314, 1317 (11th Cir. 1988); Wills v. Postmaster General, 300
Fed. Appx. 748, 750 n. 1 (11th Cir. 2008)(unpublished opinion)(subsequent history omitted);
Cataldo v. St. James Episcopal School, 213 Fed. Appx. 966, 969 (11th Cir.

2007)(unpublished opinion). Accordingly, it is
ORDERED that the motion for appointment of counsel is DENIED.
DONE, this 30th day of November, 2012.

/s/ Susan Russ Walker
SUSAN RUSS WALKER
CHIEF UNITED STATES MAGISTRATE JUDGE

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