Smith et al. v. Health and Environment, Kansas Department of, et al.

Filing 10

MEMORANDUM AND ORDER granting 3 Plaintiffs' Motion to Appoint Counsel. Patrick A. Turner is provisionally appointed to represent plaintiffs. The Clerk is directed to send this order, along with a complete copy of the court file, to Patrick Turner. Signed by Magistrate Judge Karen M. Humphreys on 1/8/15. Mailed to pro se plaintiffs Larone J. Smith and Lamekos Goodwin by regular mail. (sj)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

LARONE J. SMITH and
LAMEKOS GOODWIN,
Plaintiffs,
v.
KANSAS DEPARTMENT OF HEALTH
AND ENVIRONMENT, et al.,
Defendants.

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Case No. 14-2499-EFM

MEMORANDUM AND ORDER
Plaintiffs move for the appointment of counsel (Doc. 3). In determining whether
to grant plaintiffs’ request, the court is guided by Castner v. Colorado Springs
Cablevision, 979 F.2d 1417 (10th Cir. 1992). The Tenth Circuit has identified four
factors which are relevant to the district court's discretionary decision whether to appoint
counsel: (1) plaintiffs’ financial inability to pay for counsel; (2) plaintiffs’ diligence in
attempting to secure counsel; (3) the existence or nonexistence of meritorious allegations
of discrimination and (4) plaintiffs’ capacity to present the case without counsel. For
purposes of the present order, the court will accept the veracity of plaintiffs’ affidavits of
poverty. The court also will accept plaintiffs’ statement that at least five attorneys have
declined to take this case. The court presently does not have sufficient information to
fully evaluate factors 3 and 4.

The court provisionally appoints Patrick Turner to represent plaintiffs. Counsel’s
initial responsibility will be to confer with plaintiffs and make such investigation as may
be necessary to determine whether he will recommend to the court that he be permanently
appointed to represent plaintiffs. If, upon completion of his initial investigation, counsel
does not wish to accept permanent appointment, he shall notify the court and, to the
extent consistent with professional responsibility, report his reasons in order to assist the
court in making its determination under factors 3 and 4 of the Castner test.1
IT IS THEREFORE ORDERED that plaintiffs’ motion for the appointment of
counsel (Doc. 3) is GRANTED as set forth above.
The clerk is directed to send this order, along with a complete copy of the court
file, to Patrick Turner. Upon receipt of this order, both plaintiffs are ordered to contact
Mr. Turner at 316-269-2284 as soon as possible to schedule an appointment for
consultation.
IT IS SO ORDERED.
Dated at Wichita, Kansas this 8th day of January 2015.

s/ Karen M. Humphreys
KAREN M. HUMPHREYS
United States Magistrate Judge

1

Under certain circumstances appointed counsel may be reimbursed for reasonable out-ofpocket expenses which the client is unable to pay. See D. Kan. Rule 83.5.3(e)(2) and (f) and
83.5.3.1.