El-Hanini v. US Marshals Service et al

Filing 11

ORDERED that the motions for the appointment of a guardian ad litem and appointment of counsel are DENIED (Rec. Docs. 8 and 10 ). Plaintiff's 9 Motion to Compel Discovery is DENIED WITHOUT PREJUDICE as premature. Signed by Magistrate Judge Janis van Meerveld. (gec)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

MOHAMMED S. EL-HANINI

CIVIL ACTION

VERSUS

NO. 17-1127

UNITED STATES MARSHALS
SERVICE, ET AL.

SECTION: “F”(1)

ORDER
Plaintiff has filed motions for the appointment of a guardian ad litem and appointment of
counsel. Rec. Docs. 8 and 10. For the following reasons, those motions are DENIED.
Plaintiff’s request for a guardian ad litem was based on the fact that he had been found
incompetent to proceed to trial in his federal criminal case; however, Judge Ivan Lemelle recently
entered an order in that case finding that plaintiff had been restored to competency. United States
v. El-Hanini, Crim. Action No. 15-199 (E.D. La.) (Rec. Doc. 55). Accordingly, the appointment
of a guardian ad litem is not warranted.
As to plaintiff’s request for the appointment of counsel, it is clear that “[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 likewise unwarranted. Plaintiff’s claims in this lawsuit
are neither factually nor legally complex. Moreover, there is no indication that extensive discovery
or investigation will be required or that a trial, if one is necessary, will require skills beyond
plaintiff’s capabilities.

Plaintiff has also filed a motion to compel discovery. Rec. Doc. 9. That motion is
DENIED WITHOUT PREJUDICE as premature. At this point, plaintiff’s complaint is still
undergoing the screening process mandated by federal law, and the defendant has not even been
served. Plaintiff shall not attempt to engage in discovery until the screening process has been
completed.
New Orleans, Louisiana, this second day of June, 2017.

__________________________________________
JANIS VAN MEERVELD
UNITED STATES MAGISTRATE JUDGE

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