Runyon v. Manchester Police Department

Filing 21

ORDER denying without prejudice 6 Motion to Appoint Counsel; denying 19 Motion to Disqualify Judge Abramson. So Ordered by Magistrate Judge Landya B. McCafferty.(jab)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Fred Runyon
v.

Civil No. 12-cv-382-SM

Manchester Police Department

O R D E R
Before the court are pro se plaintiff Fred Runyon’s motion
for the appointment of counsel (doc. no. 6) and motion to
disqualify a judge from presiding in Runyon’s state criminal
case (doc. no. 19).
Motion to Appoint Counsel
Runyon is a pretrial detainee, proceeding in forma
pauperis.

Runyon seeks the appointment of counsel because he is

indigent and has had limited education.
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.

See DesRosiers v. Moran,

949 F.2d 15, 23 (1st Cir. 1991).

Here, Runyon has demonstrated

that he can draft cogent arguments and claims.

Runyon’s

pretrial detention and lack of a complete education do not, at
this time, threaten to result in fundamental unfairness.
Accordingly, the motion to appoint counsel (doc. no. 6) is
denied without prejudice to refiling if exceptional
circumstances should arise warranting an appointment.
Motion to Disqualify (doc. no. 19)
Runyon has filed a motion to disqualify New Hampshire
Superior Court Judge Abramson from presiding in a criminal case
that was pending against him in the state superior court.
Runyon relies on a federal procedural rule and a federal statute
for authority, but the cited authorities concern federal judges,
not state judges.

Federal courts generally lack jurisdiction to

order relief interfering with ongoing state criminal
proceedings.

See Coors Brewing Co. v. Méndez-Torres, 678 F.3d

15, 23 (1st Cir. 2012).

The motion to disqualify Judge Abramson

(doc. no. 19) is therefore denied.
Conclusion
For the foregoing reasons, the court denies the motion to
appoint counsel (doc. no. 6) without prejudice to refiling if

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exceptional circumstances arise that warrant an appointment of
counsel.

The motion to disqualify (doc. no. 19) is denied.

SO ORDERED.
__________________________
Landya McCafferty
United States Magistrate Judge
February 4, 2013
cc:

Fred Runyon, pro se

LBM:nmd

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