Thomas v. Blake et al

Filing 62

MEMORANDUM AND ORDER ENTERED: Plaintiff's Motion to Appoint Counsel 57 is granted. The Court will appoint counsel in a subsequent order. Signed by Magistrate Judge David J. Waxse on 08/29/17. Mailed to pro se party Tony B. Thomas by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
TONY B. THOMAS,
Plaintiff,
v.

Case No. 15-3257-JAR-DJW

CHRISTOPHER BLAKE, et al.,
Defendants.

MEMORANDUM & ORDER
The matter before the Court is on Plaintiff’s Motion to Appoint Counsel (Docs. 57).
Section 1915(e)(1) provides that the “court may request an attorney to represent any person
unable to afford counsel.” 28 U.S.C. § 1915(e)(1). In addition to determining the financial need
of the movant, if the court determines the movant has a colorable claim, then it “should consider
the nature of the factual issues raised in the claim and the ability of the plaintiff to investigate the
crucial facts.” Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995) (citing McCarthy v.
Weinberg, 753 F.2d 836, 838 (10th Cir. 1985) (citing Maclin v. Freake, 650 F.2d 885, 887 (7th
Cir. 1981)). The Tenth Circuit has adopted several factors for determining whether appointment
of counsel is appropriate, including: “the merits of 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.” Id. (citing Williams v. Messe, 926 F.2d 994, 996 (10th Cir.
1991) (citing Maclin v. Freake, 650 F.2d 885, 886 (7th Cir. 1981)).
After reviewing the factors used in determining whether to appoint counsel, the Court
concludes that the factors weigh in favor of appointing counsel in this case. Most heavily
weighing in Plaintiff’s favor is the fact that his remaining claims survived screening under §

1915. (See Docs. 37 & 44.) Plaintiff has also made several attempts to find counsel. For these
reasons, the Court will appoint counsel.
IT IS THEREFORE ORDERED BY THE COURT that Plaintiff’s Motion to Appoint
Counsel (Docs. 57) is granted. The Court will appoint counsel in a subsequent order.
IT IS SO ORDERED.
Dated August 29, 2017, at Kansas City, Kansas.
s/ David J. Waxse
David J. Waxse
U.S. Magistrate Judge

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