Pace v. Hurst Boilers & Welding Co.

Filing 3

ORDER denying 2 Motion to Appoint Counsel. Ordered by Judge Hugh Lawson on 10/21/2010. (nbp)

Pace v. Hurst Boilers & Welding Co.

Doc. 3

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA V A L D O S T A DIVISION W IL L IE PACE, P la in t if f , v. H U R S T BOILER & WELDING CO., D e fe n d a n t. ______________________________ : : : : : : : : :

C ivil Action No. 7:10-CV-116 (HL)

ORDER P e n d in g before the Court is Plaintiff's Motion to Appoint Counsel (Doc. 2). A Title VII plaintiff has no automatic right to appointed counsel. Hunter v. Dep't o f Air Force Agency, 846 F.2d 1314, 1317 (11th Cir. 1988). However, appointment o f counsel is authorized "in such circumstances as the court may deem just." 42 U .S .C . § 2000e-5(f)(1). The decision to appoint counsel is within the district court's d is c re tio n . Hunter, 846 F.2d at 1317. Factors the court should consider in d e te rm in in g whether to appoint counsel include the plaintiff's ability to afford counsel, th e merits of the plaintiff's case, the plaintiff's efforts to secure counsel, and the p la in tiff's capacity to prepare and present the case without the aid of counsel. Id. Here, Plaintiff has offered nothing more than a bare assertion that he does not h a v e means to employ counsel. He has failed to identify any steps he has taken to s e c u re counsel and has failed to offer any detail about the limitations that prevent h im from pursuing his case. Further, there is little in the record at this time from

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which the Court can assess the merits of Plaintiff's case. Therefore, the Court finds th a t Plaintiff has filed to persuade the Court that the circumstances of this case are s u c h that appointment of counsel is warranted. A c c o rd in g ly , Plaintiff's Motion to Appoint Counsel (Doc. 2) is denied.

S O ORDERED, this the 21 s t day of October, 2010.

s / Hugh Lawson HUGH LAWSON, SENIOR JUDGE m bh

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