Hanson v. Rockingham County Department of Corrections, Superintendent

Filing 21

ORDER denying without prejudice 20 Motion to Appoint Counsel. So Ordered by Magistrate Judge Landya B. McCafferty.(gla)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Michael Hanson
v.

Civil No. 11-cv-534-PB

Stephen Church, Superintendent
Rockingham County Department of
Corrections
O R D E R
Before the court is Michael Hanson’s motion for courtappointed counsel (doc. no. 20).

Hanson states that he is

unable to afford counsel, and that although he has limited
access to legal materials, he is “wholly unprepared” to pursue
this action pro se.

Hanson asserts that he has been unable to

find an attorney to consult with him about possible
representation.
There is no absolute constitutional right to free legal
representation in a civil case.
F.3d 9, 14 (1st Cir. 1998).

See King v. Greenblatt, 149

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
“’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, 149 F.3d at 14

(quoting DesRosiers v. Moran, 949 F.2d 15, 23 (1st Cir. 1991)).
In the case at hand, Hanson has failed to establish the
existence of such exceptional circumstances.

Despite Hanson’s

assertions to the contrary, he has thus far been able to present
his claims coherently in this court and respond to the court’s
orders appropriately.

There is no reason at this time to

believe that Hanson will be unable to adequately represent
himself in this matter.

Accordingly, Hanson’s motion for

appointment of counsel (doc. no. 20) is DENIED without prejudice
to Hanson renewing his request should circumstances warrant.
SO ORDERED.

__________________________________
Landya B. McCafferty
United States Magistrate Judge
Date: January 17, 2012
cc:

Michael Hanson, pro se

LBM:jba