Oughman v. Hillsborough County Department of Corrections, Superintendent

Filing 30

ORDER denying without prejudice 28 Motion to Appoint Counsel. So Ordered by Magistrate Judge Landya B. McCafferty.(jab)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Mohamed Ouahman
v.

Civil No. 11-cv-075-SM

James O’Mara, Superintendent,
Hillsborough County Department
of Corrections et al.
O R D E R
Before the court is Mohamed Ouahman’s motion for
appointment of counsel (doc. no. 28).

Ouahman seeks court-

appointed counsel on the grounds that he cannot afford an
attorney, and that without court-appointed counsel, “he may lose
the chance to vindicate himself, and prove that his
constitutional rights were in fact violated.”

Defendants object

(doc. no. 29).
There is no constitutional right to the appointment of
counsel in a civil case in this court.

See Maroni v. Pemi-Baker

Reg’l Sch. Dist., 346 F.3d 247, 257 (1st Cir. 2003).

While the

court has the discretion to appoint counsel in a particular
case, it must do so “only if ‘exceptional circumstances were
present such that a denial of counsel was likely to result in
fundamental unfairness impinging on [plaintiff’s] due process
rights.’”

King v. Greenblatt, 149 F.3d 9, 14 (1st Cir. 1998)

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

To determine if “exceptional circumstances” 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.”

DesRosiers, 949 F.2d at 24.

Ouahman has failed to establish the existence of
exceptional circumstances warranting the appointment of counsel
in this case.

Ouahman’s indigence and lack of legal expertise

are circumstances common to most inmate litigants in this court.
There is no reason set forth in the motion, or otherwise
apparent at this time, to believe that Ouahman will be unable to
adequately represent himself in this matter.

Accordingly,

Ouahman’s motion for appointed counsel (doc. no. 28) is denied
without prejudice to Ouahman renewing his request should
circumstances warrant.
SO ORDERED.

________________________________
Landya B. McCafferty
United States Magistrate Judge
Date: April 10, 2012
cc:

Mohamed Ouahman, pro se
John A. Curran, Esq.

LBM:jba

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