Branch v. United States Postal Service (Southwest Area) et al

Filing 9

ORDER & REASONS denying 5 Motion to Appoint Counsel. Signed by Judge Martin L.C. Feldman on 1/23/2012. (caa, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JASPER LEE BRANCH, JR.

CIVIL ACTION

v.

NO. 11-2912

PATRICK R. DONAHOE, ET AL.

SECTION "F"

ORDER AND REASONS
Before the Court is the plaintiff’s motion to appoint counsel.
Appointment of counsel is warranted in civil cases such as this one
only where exceptional circumstances are presented.
United States, 91 F.3d 141 (5th Cir. 1996).

See Ayer v.

When considering a

request for appointed counsel, the Court considers four factors:
(1) the type and complexity of the case; (2) whether the requesting
party is capable of adequately presenting his case; (3) whether the
requesting party is in a position to adequately investigate the
case; and (4) whether the evidence will consist in large part of
conflicting testimony so as to require skill in the presentation of
evidence and cross-examination.
209, 213 (5th Cir. 1982).

See Ulmer v. Chancellor, 691 F.2d

Having considered these factors, the

Court finds that appointment of counsel is not warranted.

The

plaintiff’s complaint appears to be challenging action taken by the
Equal Employment Opportunity Commission, presumably in connection
with the plaintiff’s employment with the U.S. Postal Service.
There is nothing to suggest that the plaintiff’s claim is factually
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or legally complex, and nothing to suggest that Branch is incapable
of

adequately

indication

that

presenting
extensive

his

case.

discovery

Moreover,
or

there

investigation

is

no

will

be

required or that the trial, if one is necessary, will require
skills beyond the plaintiff’s capabilities.

Accordingly, the

plaintiff’s motion to appoint counsel is DENIED.

New Orleans, Louisiana, January 23, 2012

______________________________
MARTIN L. C. FELDMAN
UNITED STATES DISTRICT JUDGE

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