Gardiner (ID 46842) v. McBride et al

Filing 158

ORDER granting 155 Motion to Appoint Counsel. Appointed Stacey R. Gilman and Anthony J. Durone for Matthew T. Gardiner. Signed by Magistrate Judge James P. O'Hara on 1/13/2020. Mailed to pro se party by regular mail. (amh)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MATTHEW T. GARDINER,
Plaintiff,
v.

Case No. 15-3151-DDC

BILL MCBRYDE, et al.,
Defendants.
ORDER
The incarcerated plaintiff in this 42 U.S.C. § 1983 case has filed a renewed motion
for appointment of counsel (ECF No. 155). Although there is no constitutional right to
appointed counsel in civil cases,1 28 U.S.C. § 1915(e)(1) grants district courts the discretion
to appoint counsel to any person unable to afford counsel. 2 Plaintiff has demonstrated an
inability to afford counsel,3 and the court finds it prudent to appoint counsel to represent
plaintiff as this case heads to trial. The motion is granted.
The court hereby appoints Stacey R. Gilman and Anthony J. Durone of the law firm
of Berkowitz Oliver LLP in Kansas City, Missouri, to represent plaintiff. The Clerk is
directed to enter Ms. Gilman’s and Mr. Durone’s appearances on behalf of plaintiff.

1

Carper v. DeLand, 54 F.3d 613, 616 (10th Cir. 1995); Durre v. Dempsey, 869 F.2d
543, 547 (10th Cir. 1989).
2

See Hill v. SmithKline Beecham Corp., 393 F.3d 1111, 1115 (10th Cir. 2004).

3

See ECF. No. 3-1.
1

Counsel are advised that they may be entitled to reimbursement of certain expenses, as
discussed in D. Kan. Rule 83.5.3(f).
The clerk is directed to mail a copy of this order to plaintiff by regular mail.
Dated January 13, 2020, at Kansas City, Kansas.
s/ James P. O=Hara
James P. O=Hara
U.S. Magistrate Judge

2