Spriggens v. Laravia

Filing 14

ORDER denying 13 Motion to Appoint Counsel. Signed by Magistrate Judge Sally Shushan on 12/19/2011. (tsf, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

DANIEL SPRIGGENS

CIVIL ACTION

VERSUS

NO. 11-2266

DR. DENNIS LARAVIA

SECTION: “S”(1)

ORDER
Plaintiff has filed a motion for appointment of counsel. Rec. Doc. 13. Under federal law,
“[a] district court should appoint counsel in a civil rights case only if presented with exceptional
circumstances.” Norton v. Dimazana, 122 F.3d 286, 293 (5th Cir. 1997) (emphasis added). Having
considered that fact, as well as the factors set forth in Ulmer v. Chancellor, 691 F.2d 209, 213 (5th
Cir. 1982), the Court finds that appointment of counsel is not warranted in the instant case.
Plaintiff’s claims in this lawsuit are neither factually nor legally complex. Although plaintiff claims
that he has no access to a law library or legal assistance, he fails to explain why he is unable to
utilize the legal services program at the B.B. “Sixty” Rayburn Correctional Center. Further, in light
of the fact that plaintiff’s medical records and the facility’s policies concerning the treatment of
Hepatitis C have already been produced, it is unlikely that extensive discovery or investigation will
be required. Moreover, the Court is of the opinion that a trial, if one is necessary, will not require
skills beyond plaintiff’s capabilities. Accordingly, plaintiff’s motion for appointment of counsel is
DENIED.
New Orleans, Louisiana, this nineteenth day of December, 2011.

____________________________________
SALLY SHUSHAN
UNITED STATES MAGISTRATE JUDGE