Barnard v. Bourbon County District Court et al

Filing 7

ORDER ENTERED: Plaintiff's motion 5 for appointment of counsel is denied. The deadline for plaintiff to show cause why the complaint should not be summarily dismissed for the reasons stated in the July 20, 2011, order is extended to August 17, 2011. Signed by Senior District Judge Sam A. Crow on 8/2/2011. (Mailed to pro se party Michael A. Barnard by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MICHAEL A. BARNARD,
Plaintiff,
v.

CASE NO. 11-3111-SAC

BOURBON COUNTY DISTRICT COURT, et al.,
Defendants.

O R D E R
Plaintiff, a prisoner confined in the Bourbon County Jail in
Ft. Scott, Kansas, proceeds pro se and in forma pauperis on a
complaint seeking relief under 42 U.S.C. § 1983.

By an order dated

July 20, 2011, the court directed plaintiff to show cause why the
complaint should not be summarily dismissed as stating no claim for
relief, and without prejudice to the extent plaintiff was attempting
to seek relief sounding in habeas corpus.
Before the court is plaintiff’s motion for appointment of
counsel, in which plaintiff cites his lack of legal training and
claims a constitutional right to adequate and proper counsel in any
criminal or civil matter.

Also before the court is plaintiff’s

correspondence to the court clerk in which plaintiff states he lacks
the legal training and knowledge to file a proper response to the
show cause order.
Plaintiff’s

motion

for

appointment

of

counsel

is

denied.

Contrary to plaintiff’s stated understanding of the law, he has no
constitutional right to the assistance of counsel in this civil
action.

Durre v. Dempsey, 869 F.2d 543, 647 (10th Cir.1989).

Having reviewed plaintiff’s claims, his ability to present said
claims, and the complexity of the legal issues involved, the court
finds the appointment of counsel in this matter is not warranted.
See Long v. Shillinger, 927 F.2d 525, 526-27 (10th Cir.1991)(factors
to be considered in deciding motion for appointment of counsel).
IT IS THEREFORE ORDERED that plaintiff’s motion for appointment
of counsel (Doc. 5) is denied.
IT IS FURTHER ORDERED that the deadline for plaintiff to show
cause why the complaint should not be summarily dismissed for the
reasons stated in the July 20, 2011, order is extended to August 17,
2011.
IT IS SO ORDERED.
DATED:

This 2nd day of August 2011 at Topeka, Kansas.

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

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