Antelope v. Bureau of Prisons et al

Filing 158

ORDER. Plaintiffs Motion to Reconsider Motion for Appointment of Counsel 154 is GRANTED.(sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-00649-LTB-MEH DAVID EARL ANTELOPE, Plaintiff, v. DR. KELLAR, and UNITED STATES OF AMERICA, Defendants. ORDER Michael E. Hegarty, United States Magistrate Judge. Plaintiff's Motion to Reconsider Motion for Appointment of Counsel [filed August 23, 2010; docket #154] is granted. In light of the Court's discussion with Plaintiff on the record at a status conference held April 5, 2010 (docket #149), the Court reconsiders its previous denial of Plaintiff's request for appointment of counsel. The Court does not have the power to appoint an attorney over his or her objection, Mallard v. United States District Court for the Southern Dist. of Iowa, 490 U.S. 296, 310 (1989), nor does the Court have funds available to pay an attorney who agrees to represent an indigent litigant in a civil case. Absent the power to appoint counsel to a case, the Court can only seek volunteer counsel to represent a plaintiff such as this Plaintiff. Plaintiff's request is granted to the extent Plaintiff's case will be placed on the list of pro se cases for which the Court is seeking volunteer counsel maintained by the CJA/Pro Se Division of the Clerk's Office, but denied in that counsel will not be appointed by the Court.

Dated at Denver, Colorado, this 25th day of August, 2010. BY THE COURT:

Michael E. Hegarty United States Magistrate Judge

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