Smith et al v. Corrections Corporation of America et al

Filing 26

ORDER by Magistrate Judge Gregory J. Fouratt denying 20 Motion to Appoint Counsel. (kdj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO
CARTRELL R. SMITH SR.,
JASON LUTZ, and
ROBERT ORGAN,
Plaintiffs,
v.

Civ. No. 16-1201 MCA/GJF

CORRECTIONS CORP. OF AMERICA
TORRANCE COUNTY, and
CHAD MILLER,
Defendants.
ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL
THIS MATTER is before the Court on the Motion to Appoint Legal Counsel filed by
Plaintiff Cartrell R. Smith Sr. [ECF No. 20]. 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 Smith 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). To the extent Plaintiff Smith seeks appointment of
counsel for his co-Plaintiffs, Jason Lutz and Robert Organ, Plaintiff Smith may only proceed on
his own requests and may not seek relief on their behalf. Adams ex rel. D.J.W. v. Astrue, 659
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F.3d 1297, 1299 (10th Cir. 2011). Accordingly, the Court will deny the Motion to Appoint Legal
Counsel.
IT IS ORDERED that the Motion to Appoint Legal Counsel filed by Plaintiff Cartrell R.
Smith Sr. [ECF No. 20] is DENIED.
IT IS SO ORDERED.

________________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

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