MILLEDGE v. OWENS et al

Filing 27

ORDER denying 9 Motion to Appoint Counsel. Ordered by U.S. Mag Judge Charles H Weigle on 4/3/2012. (mgb)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

WILLIE JAMES MILLEDGE,
Plaintiff,
VS.
BRIAN OWENS , et al.,
Defendants.
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NO. 5:11-CV-452 (HL)

Proceedings Under 42 U.S.C. §1983
Before the U.S. Magistrate Judge

ORDER
Before the Court is a Motion to Appoint Counsel filed by Plaintiff Willie James Milledge.
Doc. 9. For the following reasons, the Motion is DENIED.
As an initial matter, because Plaintiff’s Motion was filed prior to service upon or the filing
of responsive pleadings by any Defendant, it is viewed by the Court as premature. Additionally,
Plaintiff is advised that there is generally no right to appointed counsel in civil rights actions. See
Wahl v. McIver, 773 F.2d 1169, 1174 (11th Cir. 1986); Hardwick v. Ault, 517 F.2d 295, 298 (5th
Cir. 1975). 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 the plaintiff's claim and the
complexity of the issues presented. Holt v. Ford, 682 F.2d 850, 853 (11th Cir. 1989).
In accordance with Holt, and upon a review of the record in this case, the Court notes that
the Plaintiff has set forth the essential factual allegations underlying his claims, and that the
applicable legal doctrines are readily apparent. As such, there is no present need to provide him

with legal counsel. Should it later become apparent that legal assistance is required in order to avoid
prejudice to the Plaintiff’s rights, the Court, on its own motion, will consider assisting him in
securing legal counsel at that time. Consequently, no additional requests for counsel will be
necessary.
SO ORDERED, this 3rd day of April, 2012.

s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge