Waterman v. Board of Commissioners of Columbus, Kansas et al

Filing 126

MEMORANDUM AND ORDER denying 123 Motion to Appoint Counsel. Signed by Magistrate Judge Kenneth G. Gale on 7/15/19. Mailed to pro se party Brian Michael Waterman by regular mail. (df)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
BRIAN WATERMAN,

)
)
Plaintiff,
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)
v.
)
)
BOARD OF COUNTY
)
COMMISSIONERSOF CHEROKEE )
COUNTY, KANSAS, et al.,
)
)
Defendants.
)
______________________________ )

Case No. 18-3135-CM-KGG

MEMORANDUM AND ORDER
Now before the Court is Plaintiff’s Motion for counsel. (Doc. 123.)
Plaintiff has filed four prior motions requesting counsel (Docs. 12, 46, 59, 89) all
of which have been denied without prejudice (Docs. 14, 48, 82, 90). In the most
recent of Plaintiff’s prior requests for counsel (Doc. 89), the Court found no
justification for appointing counsel but indicated the issue would be revisited if
Plaintiff survived Defendants’ dispositive motion. (Doc. 90, at 2.) The District
Court recently granted in part and denied in part (Doc. 122) Defendants’ Motion to
Dismiss (Doc. 97).
The undersigned Magistrate Judge notes that the claims that survived
dismissal are not particularly complicated. Cf. Kayhill v. Unified Govern. of
Wyandotte, 197 F.R.D. 454, 458 (D.Kan. 2000) (finding that the “factual and legal

issues” in a case involving a former employee’s allegations of race, religion, sex,
national origin, and disability discrimination were “not complex”). Further,
Plaintiff has demonstrated the ability to represent himself, particularly in opposing
the dispositive motion. As such, the Court sees no basis to distinguish Plaintiff
from the many other untrained individuals who represent themselves pro se on
various types of claims in Courts throughout the United States on any given day.
Although Plaintiff is not trained as an attorney, and while an attorney might
present this case more effectively, this fact alone does not warrant appointment of
counsel.
The Motion to Appoint Counsel (Doc. 123) is, therefore, DENIED.
IT IS SO ORDERED.
Dated this 15th day of July, 2019, at Wichita, Kansas.
S/

KENNETH G. GALE
HON. KENNETH G. GALE
U.S. MAGISTRATE JUDGE