Washburn (ID 82688) v. Saline County Jail

Filing 11

MEMORANDUM AND ORDER ENTERED: Plaintiff's motion for the appointment of counsel 3 is denied. The time for filing the Martinez report is set at December 18, 2017. Signed by U.S. Senior District Judge Sam A. Crow on 10/17/17. Mailed to pro se party Allen Dean Washburn and Sheriff of Saline County by regular mail. (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

ALLEN DEAN WASHBURN,
Plaintiff,
v.

CASE NO. 17-3107-SAC

SALINE COUNTY JAIL, et al.,
Defendants.

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion to appoint
counsel (Doc. #3). The order also clarifies the date that the Martinez
report ordered in this matter is due.
A party in a civil action has no constitutional right to the
appointment of counsel. Durre v. Dempsey, 869 F.2d 543, 547 (10th Cir.
1989). However, the Court may request counsel to represent a party
proceeding in forma pauperis. 28 U.S.C. § 1915(e)(1). In deciding
whether to appoint counsel, the Court must consider “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.” Williams v.
Meese, 926 F.2d 994, 996 (10th Cir. 1991). The Court has examined the
record and finds no basis to appoint counsel at this time. The
plaintiff has set out the facts and the nature of his claims, and the
issues presented do not appear to be unusually complicated or novel.
The Court therefore will deny the appointment of counsel but will
reconsider whether appointment is warranted upon the development of
the record.

Next, the Court sets the time for filing the Martinez report at
December 18, 2017.
IT IS, THEREFORE, BY THE COURT ORDERED plaintiff’s motion for
the appointment of counsel (Doc. #3) is denied.
IT IS FURTHER ORDERED the time for filing the Martinez report
is set at December 18, 2017.
IT IS SO ORDERED.
DATED:

This 17th day of October, 2017, at Topeka, Kansas.

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