Calderon, et al. v. Lea County Correctional Facility et al.

Filing 15

ORDER by Chief Magistrate Judge Karen B. Molzen denying 7 Motion to Appoint Counsel. (KBM)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

NOEL CALDERON,
Plaintiff,
vs.

No. CV 16-00938 JCH/KBM

LEA COUNTY CORRECTIONS FACILITY, et al.,
Defendants.

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL
THIS MATTER is before the Court on the Motion to appoint counsel filed by Plaintiff
Noel Calderon (Doc. 7). The Court will deny the Motion. There is no right to appointment of
counsel in a civil rights case. Instead, the decision whether to request assistance of counsel rests
in the sound discretion of the Court. Beaudry v. Corrections Corp. of America, 331 F.3d 1164,
1169 (10th Cir.2003); MacCuish v. United States, 844 F.2d 733, 735 (10th Cir.1988). In
determining whether to appoint counsel, the district court should consider the merits of the
litigant's claims, the nature and complexity of the factual and legal issues, and the litigant's
ability to investigate the facts and to present his claims. Hill v. SmithKline Beecham Corp., 393
F.3d 1111, 1115 (10th Cir.2004). The Court has reviewed the complaint and subsequent filings
in light of the foregoing factors. Plaintiff appears to understand the issues in the case and to be
representing himself in an intelligent and capable manner. See Lucero v. Gunter, 52 F.3d 874,
878 (10th Cir. 1995). Accordingly, the Court will deny the Motion for Appointment of Counsel.
IT IS SO ORDERED.
_________________________________________
UNITED STATES CHIEF MAGISTRATE JUDGE