LADNER v. COLUMBUS CONSOLIDATED GOVERNMENT

Filing 6

ORDER denying 5 Motion to Appoint Counsel. Plaintiff is hereby granted an extension of time to pay the filing fee in this case. Plaintiff shall pay the filing fee on or before November 28, 2014 or his case will be dismissed. Ordered by US Magistrate Judge STEPHEN HYLES on 11-17-14 (mpm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
DEXTERALAN KEITH LADNER,

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Plaintiff,
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v.
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COLUMBUS CONSOLIDATED
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GOVERNMENT,
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Defendant.
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__________________________________

CASE NO. 4:14-CV-277-CDL

ORDER
Plaintiff Dexteralan Ladner requests an extension of time to pay the filing fee and
for the Court to appoint counsel to represent him in this case. (ECF No. 5.) Plaintiff’s
request for an extension of time is hereby granted. Plaintiff shall pay the filing fee as
ordered by the Court in its November 5, 2014 Order (ECF No. 4) on or before November
28, 2014 or his complaint will be dismissed.
As to Plaintiff’s request for appointment of counsel, the Court finds that
appointment of counsel is not warranted at this time. Under 28 U.S.C. § 1915(e)(1), the
district court “may request an attorney to represent any person unable to afford counsel.”
However, there is “no absolute constitutional right to the appointment of counsel.” Poole
v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987). Appointment of counsel is a privilege
that is justified only by exceptional circumstances. Lopez v. Reyes, 692 F.2d 15, 17 (5th
Cir. 1982). In deciding whether legal counsel should be provided, the Court should
consider, among other factors, the merits of Plaintiff’s claim and the complexity of the

issues presented. Holt v. Ford, 682 F.2d 850, 853 (11th Cir. 1989).
Plaintiff has set forth the essential factual allegations underlying his claims, and
the applicable legal doctrines are readily apparent. Plaintiff therefore has not alleged the
exceptional circumstances justifying appointment of counsel under Holt. Accordingly,
Plaintiff’s motion for appointment of counsel is denied.
SO ORDERED, this 17th day of November, 2014.
/s/ Stephen Hyles
UNITED STATES MAGISTRATE JUDGE

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