SMALL et al v. CRISIS AND COUNSELING CENTERS

Filing 8

ORDER denying 7 Motion for Reconsideration. By MAGISTRATE JUDGE JOHN C. NIVISON. (CWP)

UNITED STATES DISTRICT COURT
DISTRICT OF MAINE

MATTHEW SMALL,
Plaintiff,
v.
CRISIS AND COUNSELING
CENTERS, et al.,
Defendants

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2:14-cv-00094-NT

ORDER ON PLAINTIFF’S MOTION FOR RECONSIDERATION OF APPOINTMENT
OF COUNSEL
This matter is before the Court on Plaintiff’s Motion for Reconsideration of Appointment
of Counsel. Plaintiff contends that he is unable to afford counsel, and that his status as a prison
inmate will make it difficult for him to investigate and prosecute the case, which case, he maintains,
involves complex legal issues. The Court previously denied Plaintiff’s request for the appointment
of counsel. (ECF No. 5.)
“There is no absolute constitutional right to a free lawyer in a civil case.” Desrosiers v.
Morin, 949 F.2d 15, 23 (1st Cir. 1991) (citations omitted). “To determine whether there are
exceptional circumstances sufficient to warrant the appointment of counsel, a court must examine
the total situation, focusing, inter alia, on the merits of the case, the complexity of the legal issues,
and the litigant’s ability to represent himself.” Id. at 24.
Here, particularly given that the matter is in its initial stages, the Court cannot conclude
that Plaintiff’s claim has merit, that the issues are complex, or that Plaintiff is unable to represent
himself. In fact, Plaintiff’s pleadings to date suggest that he is capable of representing himself.

The Court, therefore, concludes that the appointment of counsel is not warranted. Accordingly,
the Court denies Plaintiff’s Motion for Reconsideration of Appointment of Counsel.

CERTIFICATE
Any objections to this Order shall be filed in accordance with Fed. R. Civ. P. 72.
So Ordered.
April 17, 2014

/s/ John C. Nivison
U.S. Magistrate Judge