Shaw v. Town of Plymouth

Filing 6

Magistrate Judge M. Page Kelley: ORDER entered denying 2 Motion to Appoint Counsel ; denying without prejudice 3 Motion to Appoint Counsel. The Clerk shall issue a summons and the United States Marshal shall serve a copy of the summons, complaint, consent package, and this Order upon the defendant as directed by plaintiff with all costs of service to be advanced by the United States. Service must be completed within 120 days of the date of this order. (PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
NATALIA SHAW,
Plaintiff,
v.

CIVIL ACTION NO. 15-11602-MPK

TOWN OF PLYMOUTH,
Defendant.

ORDER ON MOTIONS TO PROCEED IN FORMA PAUPERIS (#3)
AND FOR APPOINTMENT OF COUNSEL (#2)
KELLEY, U.S.M.J.
1.

The motion for leave to proceed in forma pauperis (#3) is GRANTED.

2.

The Clerk shall provide the plaintiff with the form for Consent/Refusal of

Magistrate Judge Jurisdiction and the instructions for that form (“consent package”).
3.

The Clerk shall issue a summons and the United States Marshal shall serve a copy

of the summons, complaint, consent package, and this Order upon the defendant as directed by
plaintiff with all costs of service to be advanced by the United States. Service must be
completed within 120 days of the date of this order.
4.

The motion for appointment of counsel (#3) is DENIED WITHOUT

PREJUDICE. Although the Court “may request an attorney to represent any person unable to
afford counsel,” 28 U.S.C. §1915(e)(1), a civil plaintiff lacks a constitutional right to free
counsel, see DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. Cir. 1991). To qualify for
appointment of counsel, a party must be indigent and exceptional circumstances must exist such
that the denial of counsel will result in fundamental unfairness impinging on the party’s due
process rights. See DesRosiers, 949 F.2d at 23. Without a response from the defendant, the
Court cannot determine whether this case presents exceptional circumstances that would justify

the appointment of pro bono counsel. Shaw may renew the motion once the defendant has been
served with and has responded to the complaint.

April 17, 2015

/s/ M. Page Kelley
M. Page Kelley
United States Magistrate Judge

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