Quarles v. Boyd et al
MEMORANDUM AND ORDER signed by Senior Judge Thomas B. Russell on 4/12/18; denying 5 Motion to Appoint Counsel cc: Plaintiff(pro se) (DJT)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
CIVIL ACTION NO. 5:18-CV-P7-TBR
BRAD BOYD et al.
MEMORANDUM AND ORDER
Plaintiff, pro se, has filed a motion for appointment of counsel in this 42 U.S.C. § 1983
civil rights case. As reason, he states that he has a Sixth Amendment right to effective counsel.
Although a criminal defendant is guaranteed assistance of counsel in proceedings against
him, it is well-established that the right to counsel in a civil case, like this one, is not a matter of
constitutional right under the Sixth Amendment. MacCuish v. United States, 844 F.2d 733, 735
(10th Cir. 1988); see also Lavado v. Keohane, 992 F.2d 601, 605 (6th Cir. 1993). Title 28,
United States Code, section 1915(e)(1) indicates that court-enlisted assistance of counsel is not
mandatory in a civil case, but merely a matter of discretion. See Martin v. Harvey, 14 F. App’x
307, 310 (6th Cir. 2001). Furthermore, appointment of counsel is justified only in exceptional
circumstances. Lavado, 992 F.2d at 606. The relevant factors that must be looked at in
determining if exceptional circumstances exist are the complexity of the issues involved and the
ability of the plaintiff to represent himself. Id.
The Court finds that the complexity of the legal issues in this case does not necessitate
the appointment of counsel. The factual and legal issues involved in this case are relatively
simple and do not amount to “exceptional circumstances” that would weigh in favor of
appointing counsel. Moreover, based on the progression of this case to date, it appears that
Plaintiff “is articulate and able to represent himself sufficiently at this time.” Baker v. Boyd,
No. 5:11-CV-P59-R, 2012 WL 4099165, at *2 (W.D. Ky. Sept. 17, 2012). Plaintiff has not set
forth any exceptional circumstances warranting appointment of counsel at this time.
IT IS ORDERED that Plaintiff’s motion (DN 5) is DENIED.
April 12, 2018
Plaintiff, pro se
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