GIBSON v. CORRECT CARE INTEGRATED HEALTH et al
Filing
44
ORDER denying 39 Motion to Appoint Counsel. Ordered by US MAGISTRATE JUDGE STEPHEN HYLES on 6/3/2024. (mlb)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
BARRY LYNN GIBSON,
:
:
Plaintiff,
:
:
VS.
:
:
CHARLES COLEMAN, et al.,
:
:
Defendants.
:
________________________________ :
Case No. 5:23-cv-00293-MTT-MSH
ORDER
Pending before the Court is Plaintiff’s motion for appointment of counsel (ECF No.
39). Plaintiff claims that appointed counsel is necessary because he has limited knowledge
and experience in the law, there is no law library where Plaintiff is currently housed, and
Defendants have refused to turn over requested discovery. Pl.’s Mot. to Appoint Couns.
1, ECF No. 39.
A district court “may request an attorney to represent any person unable to afford
counsel.”1 28 U.S.C. § 1915(e)(1). There is, however, “no absolute constitutional right to
the appointment of counsel” in a § 1983 lawsuit. Poole v. Lambert, 819 F.2d 1025, 1028
(11th Cir. 1987) (per curiam). Appointment of counsel is “instead a privilege that is
justified only by exceptional circumstances, such as where the facts and legal issues are so
novel or complex as to require the assistance of a trained practitioner.” Id. In determining
1
The statute, however, does not provide any funding to pay attorneys for their representation or
authorize courts to compel attorneys to represent an indigent party in a civil case. See Mallard v.
U.S. Dist. Ct. for S. Dist. of Iowa, 490 U.S. 296 (1989).
whether a case presents extraordinary circumstances, the Court considers
(1) the type and complexity of the case; (2) whether the plaintiff is capable
of adequately presenting his case; (3) whether the plaintiff is in a position to
adequately investigate the case; (4) whether the evidence “will consist in
large part of conflicting testimony so as to require skill in the presentation of
evidence and in cross examination”; and (5) whether the appointment of
counsel would be of service to the parties and the court “by sharpening the
issues in the case, shaping the examination of witnesses, and thus shortening
the trial and assisting in a just determination.” The District Court may also
inquire into whether the plaintiff has made any effort to secure private
counsel.
DeJesus v. Lewis, 14 F.4th 1182, 1204-05 (11th Cir. 2021) (quoting Ulmer v. Chancellor,
691 F.2d 209, 213 (5th Cir. 1982)).
The Court has considered Plaintiff’s motion and—after applying the factors set forth
above—concludes that appointed counsel is not justified. First, despite Plaintiff’s claims
of limited knowledge or experience in the law, he adequately presented his claims such
that his claims survived frivolity screening, he was granted in forma pauperis status, and
the Court ordered service on Defendants (ECF No. 7). Second, despite his claim that there
is no law library at the location where he is presently housed, Plaintiff has vigorously
prosecuted his claims. He has filed an application and motion for default judgment (ECF
Nos. 16, 18), an objection to the Court’s recommendation (ECF Nos. 7, 9), a motion for a
temporary restraining order (ECF No. 12), and a motion for summary judgment (ECF No.
40). Each of these filings is supported, to some extent, by some legal citations and citations
to other documents in this case, which undercuts Plaintiff’s claim regarding the lack of a
law library. Finally, to the extent Plaintiff argues Defendants have not participated in
discovery, Plaintiff has filed a motion to compel (ECF No. 33). It is thus apparent to the
2
Court that Plaintiff—at this time—has the ability to present his case to the Court.
Accordingly, Plaintiff’s motion seeking appointed counsel (ECF No. 39) is
DENIED.
SO ORDERED, this 3rd day of June, 2024.
/s/ Stephen Hyles
UNITED STATES MAGISTRATE JUDGE
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?