Baynham v. Social Security Administration, Commissioner of

Filing 6

MEMORANDUM AND ORDER denying 4 Motion to Appoint Counsel. Signed by U.S. District Senior Judge Sam A. Crow on 2/11/2014. Mailed to pro se party Tyrone La-Mar Baynham by regular mail. (mb)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

TYRONE LA-MAR BAYNHAM,
Plaintiff,
vs.

Case No. 14-2053-SAC

CAROLYN W. COLVIN,
Acting Commissioner of
Social Security,
Defendant.

MEMORANDUM AND ORDER
This is an action seeking review of the final decision of
the Commissioner of Social Security that plaintiff was not
disabled (Doc. 1).

Plaintiff has filed a motion for the

appointment of counsel (Doc. 4).
Plaintiff indicates that she has only contacted one
attorney.

Plaintiff does not indicate whether or not the law

firm would represent him; plaintiff only indicates that
information was mailed to the law firm. (Doc. 4 at 2).

The form

filled out by plaintiff states that the court typically requires
that before seeking an appointed attorney, a plaintiff confer
with at least five attorneys regarding legal representation
(Doc. 4 at 2).
There is no constitutional right to appointment of counsel
in a civil case.

Carper v. DeLand, 54 F.3d 613, 616 (10th Cir.

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1995); Durre v. Dempsey, 869 F.2d 543, 547 (10th Cir. 1989).

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U.S.C. § 1915(e)(1) states that the court may request an
attorney to represent any person unable to afford counsel.

The

decision whether to appoint counsel in a civil matter lies in
the discretion of the district court.
F.3d 994, 996 (10th Cir. 1991).

Williams v. Meese, 926

The court should consider

factors including the merits of the matter, the complexity of
the factual and legal issues presented, and the movant’s ability
to present the claims.

Rucks v. Boergermann, 57 F.3d 978, 979

(10th Cir. 1995).
The court finds that good cause has not been shown for the
appointment of counsel.

First, contrary to the explicit

instructions contained on the form filled out by the plaintiff,
she has only contacted one attorney by phone; plaintiff should
attempt to confer with five attorneys.

Second, it appears that

counsel that was contacted has made no decision regarding
representation of the plaintiff.

Plaintiff should contact the

Lawyer Referral Service of the Kansas Bar Association (1-800928-3111) and ask for the names of attorneys who represent
social security disability claimants.
IT IS THEREFORE ORDERED that the motion for appointment of
counsel (Doc. 4) is denied.

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Dated this 11th day of February 2014, Topeka, Kansas.

s/Sam A. Crow
Sam A. Crow, U.S. District Senior Judge

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