Zavaglia v. Boston University School of Medicine

Filing 7

Judge Indira Talwani: ORDER entered denying 3 Motion to Appoint Counsel. (Bartlett, Timothy)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
JAMES ZAVAGLIA,
Plaintiff,
v.
BOSTON UNIVERSITY SCHOOL OF
MEDICINE,
Defendant.

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Civil Action No. 14-cv-13924-IT

ORDER
January 20, 2015
TALWANI, D.J.
Before the court is Plaintiff James Zavaglia’s (“Zavaglia”) Motion to Appoint Counsel
[#3]. For the reasons set forth below, this motion is DENIED without prejudice.
A court “may request an attorney to represent any person unable to afford counsel.”1
Because a civil party lacks a constitutional right to free counsel, however, there is no mandate
that a court request pro bono counsel.2 In determining whether to request counsel, the court
considers whether the requesting party is indigent and whether exceptional circumstances exist
such that the denial of counsel will result in fundamental unfairness impinging upon the party’s
due process rights.3

1

28 U.S.C. § 1915(e)(1).

2

See DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991).

3

See id.

The court has granted Zavaglia leave to proceed in forma pauperis.4 Accordingly, the
court focuses on whether the case gives rise to exceptional circumstances sufficient to warrant a
request for pro bono counsel. In assessing whether exceptional circumstances exist, the court
examines the total situation, including the merits of the case, the complexity of the legal issues,
and the litigant’s ability to represent himself.5
Zavaglia does not identify any exceptional circumstance warranting a request for pro
bono counsel, and he has failed to offer any statement about the merits of the case or the
complexity of the legal issues involved.6 Moreover, the court’s independent review of
Zavaglia’s complaint indicates that the relevant facts and law are relatively straightforward.
Accordingly, Zavaglia’s Motion to Appoint Counsel [#3] is DENIED without prejudice to
Zavaglia raising the motion again should later case developments indicate the existence of
exceptional circumstances warranting a request for pro bono counsel.
IT IS SO ORDERED.
January 20, 2015

4

See Order [#5].

5

See DesRosiers, 949 F.2d at 24.

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/s/ Indira Talwani
United States District Judge

See Pl.’s Mot. Appoint Counsel [#3].
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