Bell v. Lew et al

Filing 3

ORDER denying Plaintiff's 2 Motion to Appoint Counsel. The Court finds no exceptional circumstances that would warrant appointment of counsel. Signed by Judge Richard W. Story on 6/20/2014. (cem)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
ALICE M. BELL,
Plaintiff,
v.
JACOB J. LEW, Secretary, U.S.
Department of the Treasury, et al.,
Defendants.

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CIVIL ACTION NO.
1:14-CV-1881-RWS

ORDER
This case is before the Court for consideration of Plaintiff’s Motion to
Request Attorney [2]. After reviewing the record, the Court enters the following
Order.
In such circumstances as the Court may deem just, the Court may appoint
an attorney for the Complainant in a case brought pursuant to the Americans
With Disabilities Act (“ADA”). 42 U.S.C. § 2000e-5(f)(1). “An ADA plaintiff
has no absolute right to an appointed counsel, rather, the decision of whether to
provide counsel lies solely within the discretion of the Court.” Johnson v. City
of Port Arthur, 89 F. Supp 835, 839 (E.D. Tx. 1995). In deciding whether to

AO 72A
(Rev.8/82)

appoint counsel, the Court must consider the following factors: (1) the merits of
the complaint, (2) the efforts of the plaintiff to obtain counsel and (3) the
financial ability of the Complainant to hire an attorney.” Brooks v. Central
Bank of Birmingham, 717 F.2d 1340, 1342 n.2 (11th Cir. 1983)(citing Caston
v. Sears Roebuck & Co., 556 F.2d 1305, 1309-10 (5th Cir. 1979)).
In the present case, Plaintiff paid the filing fee and thus, has not
submitted a financial affidavit from which the Court might determine her ability
to retain an attorney. The only evidence of her capacity to hire counsel is her
statement in her Motion that she receives retirement disability which does not
allow her to afford an attorney. (Motion [2] at 1).There is no evidence in the
record that Plaintiff has actually attempted to hire counsel in the case. Having
reviewed the Complaint [1], Plaintiff appears to have the ability to understand
the relevant issues in the case and to state her position effectively. At this time,
the Court finds no exceptional circumstances that would warrant appointment of
counsel. Therefore, Plaintiff’s Motion [2] is DENIED.
SO ORDERED, this 20th day of June, 2014.

_______________________________
RICHARD W. STORY
UNITED STATES DISTRICT JUDGE
2
AO 72A
(Rev.8/82)