Jackson v. State of Alabama Department of Corrections et al (MAG+)

Filing 5

ORDER denying 3 Motion for appointment of counsel, as further set out. Signed by Honorable Judge Susan Russ Walker on 1/21/14. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
SABRINA C. JACKSON,

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Plaintiff,
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v.
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STATE OF ALABAMA DEPARTMENT )
OF CORRECTIONS, et al.,
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Defendant.
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CIVIL ACTION NO. 2:14CV18-MHT
(WO)

ORDER
This action is presently before the court on plaintiff’s motion for appointment of
counsel (Doc. # 3). Plaintiff commenced the present action without the assistance of counsel
and neither her complaint nor her motion for appointment of counsel give any indication that
she is unable to represent herself. The facts 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2007)(unpublished opinion).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n. 1 (11th Cir. 2008)(unpublished opinion)(subsequent history omitted); Cataldo v. St. James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 Appx. 966, 969 (11th Cir. 2007)(unpublished opinion).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 (Doc. # 3) is DENIED.
DONE, this 21st day of January, 2014.

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

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