Roux v. Hillsborough County Sheriff's Department Transport Division et al

Filing 8

ORDER denying without prejudice 4 Motion to Appoint Counsel. So Ordered by Magistrate Judge Landya B. McCafferty.(mm)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

David R. Roux
v.

Civil No. 12-cv-416-PB

Hillsborough County Sheriff’s
Department, Transportation
Division et al.

O R D E R
Before the court is pro se plaintiff David Roux’s motion
for court-appointed counsel (doc. no. 4).
detainee, proceeding in forma pauperis.

Roux is a pretrial
Roux seeks the

appointment of counsel because, he asserts, he has limited
knowledge 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, Roux has demonstrated

that he can draft cogent arguments and claims.

Roux’s limited

knowledge of the law does 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 such an
appointment.
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge
April 22, 2013
cc:

David R. Roux, pro se

LBM:jba

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