Smith v. Belcher

Filing 15

MEMORANDUM AND ORDER ENTERED: Defendant's motion 10 to stay discovery is granted. Defendant's motion 14 for an extension of time to and including August 19, 2011, to file a response is granted. Plaitniff's motion 11 to appoint counsel is denied without prejudice to the reneweal of the motion. Signed by Senior District Judge Sam A. Crow on 7/6/2011. (Mailed to pro se party Solomon Elijah Smith by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

SOLOMON ELIJAH SMITH,
Plaintiff,
CIVIL ACTION
No. 11-3060-SAC

vs.
ERIC BELCHER, Commandant,

Defendant.

MEMORANDUM AND ORDER
This matter comes before the court on defendant’s motions
to stay discovery (Doc. 10) and for an extension of time to file
an answer (Doc. 14) and on plaintiff’s motion for the appointment of counsel (Doc. 11).
Defendant moves for a stay of discovery until a scheduling
conference is conducted in this matter.

However, because this

matter is exempt from a Rule 26(f) planning meeting, unless
otherwise ordered by the court, see D. Kan. R. 9.1(k), the court
finds a stay of discovery until the responsive pleading is
preferable to allow the initial development of the record.
Because the answer may provide plaintiff with at least some of
the material he seeks, the court will allow plaintiff to renew
his motion after that pleading is filed.

Defendant’s motion for an extension of time to respond to
the complaint (Doc. 14) is granted.
Plaintiff moves for the appointment of counsel.

A party in

a civil action has no constitutional right to the assistance of
counsel in the prosecution or defense of such an action.
v. Crouse, 417 F.2d 504, 505 (10th Cir. 1969).

Bethea

Rather, the

decision whether to appoint counsel in a civil matter lies in
the discretion of the district court.
F.2d 994, 996 (10th Cir. 1991).

Williams v. Meese, 926

The court should consider "the

litigant's claims, the nature of the factual issues raised in
the claims, the litigant's ability to present his claims, and
the complexity of the legal issues raised by the claims."

Long

v. Shillinger, 927 F.2d 525, 526-27 (10th Cir. 1991).
The

court

has

considered

the

record,

and

appoint counsel at this stage in the proceedings.

declines

to

Plaintiff has

presented a clear statement of his claims for relief, and it
does not appear the issues of fact are unusually complex.

The

court will deny the motion without prejudice, and plaintiff may
renew his request after the responsive pleading is filed.

If

plaintiff renews his request, he must present evidence to the
court that he has unsuccessfully sought to retain counsel.
IT IS, THEREFORE, BY THE COURT ORDERED defendant’s motion
to stay discovery (Doc. 10) is granted.
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IT IS FURTHER ORDERED defendant’s motion for an extension
of time to and including August 19, 2011 (Doc. 14) to file a
response is granted.
IT IS FURTHER ORDERED plaintiff’s motion to appoint counsel
(Doc. 11) is denied without prejudice to the renewal of the
motion.
Copies of this order shall be transmitted to the parties.
IT IS SO ORDERED.
Dated at Topeka, Kansas, this 6th day of July, 2011.

S/ Sam A. Crow
SAM A. CROW
United States Senior District Judge

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