Cook v. Merrimack County Department of Corrections, Superintendent

Filing 22

ORDER denying 3 Motion to Appoint Counsel. So Ordered by Magistrate Judge Landya B. McCafferty.(dae)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Shaun M. Cook
v.

Civil No. 11-cv-198-JD

Ron White, Superintendent,
Merrimack County Department of
Corrections, et al.
O R D E R
Before the court is Shaun M. Cook’s motion for courtappointed counsel (doc. no. 3).

Cook states that he is unable

to afford counsel, and that his incarceration and limited
knowledge of the law will hinder his ability to litigate this
matter if counsel is not appointed to represent him.
There is no absolute constitutional right to free legal
representation in a civil case.
14, 15 (1st Cir. 1988).

See Bemis v. Kelley, 857 F.2d

Rather, appointment of counsel in a

civil case is left to the discretion of the court.
U.S.C. § 1915(d).

See 28

An appointment of counsel would be warranted

in a case where the indigent litigant can show that there are
“exceptional circumstances,” such that without counsel, the
litigant would most likely be unable to obtain due process of
law.

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

Cookish v. Cunningham, 787 F.2d 1, 2 (1st Cir. 1986) (per
curiam).

In the case at hand, Cook has failed to establish the
existence of such exceptional circumstances.

Moreover, in a

report and recommendation issued this date, the court recommends
that the complaint be dismissed for failing to state any claim
upon which relief might be granted.

If the recommendation is

approved, the action will be dismissed, rendering Cook’s motion
moot.
Cooks’ motion for appointment of counsel (doc. no. 3) is
DENIED.
SO ORDERED.

__________________________________
Landya B. McCafferty
United States Magistrate Judge
Date:
cc:

October 28, 2011

Shaun M. Cook, pro se

LBM:jba