Smith v. Belcher

Filing 5

MEMORANDUM AND ORDER ENTERED: The clerk of the court shall issue appropriate summons pursuant to Rule 4 of the Federal Rules of Civil Procedure. Plaintiff's motion 2 to appoint counsel is denied without prejudice. Signed by Senior District Judge Sam A. Crow on 4/14/2011. (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,
USDB-Leavenworth,

Defendant.

MEMORANDUM AND ORDER
This matter is before the court on a complaint filed by a
prisoner

at

the

United

Leavenworth, Kansas.

States

Disciplinary

Barracks,

Fort

Plaintiff has submitted the full filing

fee, and the court, having examined the materials filed in this
case, finds that a responsive pleading is required.
Plaintiff also 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.

Bethea v. Crouse, 417 F.2d 504, 505 (10th Cir. 1969).

Rather, the decision whether to appoint counsel in a civil
matter lies in the discretion of the district court, and the
court should consider several factors, including the potential
merits of the action, the plaintiff’s ability to present the

case without the assistance of counsel, the plaintiff’s efforts
to obtain counsel, and the plaintiff’s financial ability to do
so.

Caster v. Colo. Springs Cablevision, 979 F.2d 1417, 1420

(10th Cir. 1992).

Having considered the materials filed by the

plaintiff, the court finds he is able to clearly present the
factual and legal bases for his claims and concludes he is able
to present the matter without the appointment of counsel.

The

court therefore will deny the motion to appoint counsel but will
do so without prejudice.

Plaintiff may renew his request upon

the further development of the record.
IT IS, THEREFORE, BY THE COURT ORDERED that the clerk of
the court shall issue appropriate summons pursuant to Rule 4 of
the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED plaintiff’s motion to appoint counsel
(Doc. 2) is denied without prejudice.
The clerk of the court is directed to transmit copies of
this order to the parties herein and to transmit copies of the
complaint and this order to the office of the United States
Attorney for the District of Kansas.

2

IT IS SO ORDERED.
DATED:

This 14th day of April, 2011, at Topeka, Kansas.

S/ Sam A. Crow
SAM A. CROW
U.S. Senior District Judge

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