FUQUAY v. HELDT, et al

Filing 22

ENTRY denying motion for appointment of counsel 19 . Signed by Judge William T. Lawrence on 3/18/2010.(SMD)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA DANIEL REESE FUQUAY, SR., Plaintiff, vs. CARL A. HELDT, et al., Defendants. ) ) ) ) ) ) ) )

No. 3:09-cv-166-WTL-WGH

ENTRY The plaintiff's motion for the appointment of counsel (dkt 19) has been considered. The court applies a three-part inquiry when deciding whether to grant such requests for counsel. The first of these is to determine "if the indigent has made reasonable efforts to retain counsel and was unsuccessful or that the indigent was effectively precluded from making such efforts." Jackson v. County of McLean, 953 F.2d 1070, 1073 (7th Cir. 1992). The court must deny "out of hand" a request for counsel made without a showing of such effort. Farmer v. Haas, 990 F.2d 319 (7th Cir.), cert. denied, 114 S. Ct. 438 (1993). Because the plaintiff's motion for the appointment of counsel fails to indicate that he has sought representations from the private marketplace on his own, that motion (dkt 19) is denied. IT IS SO ORDERED.

Date: 03/18/2010 _______________________________ Hon. William T. Lawrence, Judge United States District Court Southern District of Indiana

Distribution: Daniel Reese Fuguay Sr. DOC #892750 Branchville Correctional Facility 21390 Old State Road 37 Branchville, IN 47514 David V. Miller Ziemer Stayman Weitzel & Shoulders [e-mail] Keith W. Vonderahe Ziemer Stayman Weitzel & Shoulders [e-mail]