Palo v. Hillsborough County Department of Corrections, Superintendent

Filing 16

ORDER denying without prejudice 8 Motion to Appoint Counsel. So Ordered by Magistrate Judge Landya B. McCafferty.(dae)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Jacob E. Palo v. Civil No. 12-cv-407-JD David Dionne, Superintendent, Hillsborough County Department of Corrections O R D E R Before the court is pro se plaintiff Jacob Palo’s motion for court-appointed counsel (doc. no. 8). detainee, proceeding in forma pauperis. Palo is a pretrial Palo seeks the appointment of counsel because he is indigent and because he does not have a full understanding of the law. 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, Here, Palo has demonstrated that he can draft cogent arguments and claims. Palo’s pretrial detention, lack of a full understanding of the law, and inability to afford counsel do not, at this time, threaten to result in fundamental unfairness. Accordingly, the motion to appoint counsel (doc. no. 8) is denied without prejudice to refiling if exceptional circumstances should arise warranting an appointment. SO ORDERED. __________________________ Landya McCafferty United States Magistrate Judge April 22, 2013 cc: Jacob E. Palo, pro se LBM:jba 2

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