Snavely v. Kansas Department of Corrections et al

Filing 101

MEMORANDUM AND ORDER ENTERED: Plaintiff's motion 96 for the appointment of counsel is denied without prejudice. The clerk of the court shall transmit to plaintiff the court's form motion for the appointment of counsel. Signed by Senior District Judge Sam A. Crow on 10/11/2011. (Mailed to pro se party William H. Snavely, III by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

WILLIAM H. SNAVELY, III,
Petitioner,
CIVIL ACTION
No. 05-3468-SAC-KGS

vs.
KANSAS DEPARTMENT OF CORRECTIONS,
et al.,

Respondents.

MEMORANDUM AND ORDER
This matter comes before the court on plaintiff’s motion to
appoint counsel (Doc. 96).
There is no constitutional right to the appointment of
counsel in a civil case.
(10th Cir. 1989).

Durre v. Dempsey, 869 F .2d 543, 547

Rather, in the discretion of the court,

counsel may be appointed to assist a party proceeding in forma
pauperis.

See 28 U.S.C. § 1915(e).

In determining whether to appoint counsel, the court
should consider several factors, including the merits of the
movant's claim, the nature of the factual issues involved, the
movant's ability to present the claims, and the complexity of
the legal issues involved.
527 (10th Cir. 1991).

Long v. Shillinger, 927 F.2d 525,

Having considered the record, the court declines to
appoint counsel at this stage in the proceedings.
First, plaintiff is not proceeding in forma pauperis in
this matter, as contemplated by 28 U.S.C. § 1915(e)(2).
Next, plaintiff has made no showing that he has attempted
to retain counsel.

The court will direct the clerk of the

court to supply plaintiff with a copy of the court’s form
motion for the appointment of counsel, which contains
information on how to contact a lawyer referral service.
Finally, plaintiff’s motion does not persuade the court
that he is unable to proceed without counsel at this stage in
the proceedings.

To date, plaintiff has presented his posi-

tion and developed arguments without assistance.
IT IS, THEREFORE, BY THE COURT ORDERED plaintiff’s motion
for the appointment of counsel (Doc 96) is denied without
prejudice.
IT IS FURTHER ORDERED the clerk of the court shall
transmit to the plaintiff the court’s form motion for the
appointment of counsel.
A copy of this order shall be transmitted to the parties.

2

IT IS SO ORDERED.
Dated at Topeka, Kansas, this 11th day of October, 2011.

S/ K. Gary Sebelius
K. GARY SEBELIUS
United States Magistrate Judge

3