AUTO OWNERS LIFE INSURANCE COMPANY v. BURNETT

Filing 18

ORDER DENYING 17 Motion to Appoint Counsel. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 10/27/2014. (tlh)

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

AUTO OWNERS LIFE INSURANCE
COMPANY,
Plaintiff,
v.
DEVEREAUX BURNETT,
Defendant.

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CIVIL ACTION NO. 5:14-CV-96 (MTT)

ORDER
Before the Court is the Defendant’s motion to appoint counsel. (Doc. 17). The
Plaintiff asserted claims for fraud, negligent misrepresentation, unjust enrichment,
punitive damages, and attorney’s fees and litigation expenses because of the
Defendant’s actions regarding his disability insurance.
“Appointment of counsel in a civil case is not a constitutional right.” Wahl v.
McIver, 773 F.2d 1169, 1174 (11th Cir. 1985); see also Hunter, 846 F.2d at 1317
(stating that decision is within discretion of district court). Rather, “it is a privilege that is
justified only by exceptional circumstances.” Wahl, 773 F.2d at 1174. In exercising its
discretion regarding whether to appoint counsel for an indigent party, “the district court
typically considers, among other factors, the merits of the plaintiff’s claim and whether
the claim is factually or legally so complex as to warrant the assistance of counsel.”
Holt v. Ford, 862 F.2d 850, 853 (11th Cir. 1989).

In his motion, the Defendant simply requests the Court to appoint him counsel.
The Court finds that appointment of counsel is unwarranted because the claims are
neither factually nor legally complex. See Wahl, 773 F.2d at 1174 (finding no
exceptional circumstances where essential facts and legal doctrines were ascertainable
without assistance of court-appointed counsel). Because the Defendant has not shown
the existence of exceptional circumstances necessary to justify the appointment of
counsel, the Defendant’s motion to appoint counsel is DENIED.
SO ORDERED, this 27th day of October, 2014.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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