FOUNTAIN v. EXECUTIVE MANAGEMENT SERVICES, INC.

Filing 16

ORDER denying 15 Renewed Motion to Appoint Counsel. Signed by Judge Tanya Walton Pratt on 6/18/2012. Copy Mailed. (JD) Modified to add "copy mailed" on 6/18/2012 (JD).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
GINA M. FOUNTAIN,

)
)
Plaintiff,
)
vs.
)
)
EXECUTIVE MANAGEMENT SERV. INC., )
)
Defendant.
)

1:12-cv-00201-TWP-TAB

ENTRY
The plaintiff’s renewed motion for court appointed attorney has been
considered.
Pursuant to 28 U.S.C. § 1915(e)(1), courts are empowered only to "request"
counsel. Mallard v. United States District Court, 490 U.S. 296, 300 (1989). There is
no constitutional right to an attorney in a civil proceeding. Jackson v. Kotter, 541
F.3d 688, 700 (7th Cir. 2008). Accordingly, the question is not whether an attorney
would help the plaintiff’s case, but whether, given the difficulty of the case, the
plaintiff seems competent to litigate it herself. See Pruitt v. Mote, 503 F.3d 647, 653,
655 (7th Cir. 2007) (en banc).
The court finds at present, that the claims asserted by the plaintiff are not of
sufficient complexity or merit as to surpass the plaintiff’s ability to properly develop
and present them. Regardless, the plaintiff is within the spectrum of “most indigent
parties” because she has and will have a meaningful opportunity to present her
claims, she has demonstrated familiarity with her claims and the ability to present
them. Having considered the complexity of the plaintiff=s claims and her ability to
litigate her case, this is not a case in which at present it is appropriate to seek
representation for the plaintiff.
Based on the foregoing, the plaintiff’s renewed motion for appointment of
counsel [Dkt. 15] is denied.
IT IS SO ORDERED.

06/18/2012
Date: __________________

________________________
Hon. Tanya Walton Pratt, Judge
United States District Court
Southern District of Indiana

Distribution:
Gina M. Fountain
3641 Caroline Ave.
Indianapolis, IN 46218
All Electronically Registered Counsel