Lisasuain v. Hillsborough County Department of Corrections

Filing 38

ORDER denying without prejudice 32 Motion to Appoint Counsel. So Ordered by Magistrate Judge Landya B. McCafferty.(mm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Armando Lisasuain
v.

Civil No. 12-cv-224-PB

Justin Goulding

O R D E R
Before the court is pro se plaintiff Armando Lisasuain’s
motion for court-appointed counsel (doc. no. 32).
objects (doc. no. 33).

Defendant

Lisasuain seeks the appointment of

counsel because, he asserts, he was unable to effectively
conduct his own legal research and do his legal work at the
Hillsborough County Department of Corrections (“HCDC”), and
because HCDC personnel refused to provide him with free postage
for letters he wrote seeking representation from attorneys.
Approximately one week after filing this motion, Lisasuain was
transferred to the New Hampshire State Prison (“NHSP”).
There is no federal constitutional right to counsel in a
civil case.

The court generally has discretion to deny an

appointment, unless the indigent litigant shows that his case
presents exceptional circumstances, such that fundamental
unfairness, impinging upon the right to due process, is likely

to result if counsel is not appointed.
949 F.2d 15, 23 (1st Cir. 1991).

See DesRosiers v. Moran,

Lisasuain has not demonstrated

any such extraordinary circumstances.

Further, Lisasuain is no

longer subject to the policies and conditions at the HCDC, and
has not complained that he is unable access the legal resources
he needs at the NHSP.

Accordingly, the motion to appoint

counsel (doc. no. 32) is denied without prejudice to refiling if
exceptional circumstances should arise warranting such an
appointment.

__________________________
Landya McCafferty
United States Magistrate Judge
May 8, 2013
cc:

Armando Lisasuain, pro se
John Curran, Esq.

LBM:jba

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