Gabaldon v. Bernalillo County Sheriff's Office et al

Filing 18

ORDER DENYING 16 Plaintiff's Second Motion for Appointment of Counsel by Magistrate Judge Gregory J. Fouratt. (sr)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW MEXICO

DANAN GABALDON,
Plaintiff,
v.

Civ. No. 17-267 KG/GJF

BERNALILLO COUNTY
SHERIFF’S OFFICE,
et al.,
Defendants.

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL
THIS MATTER is before the Court on Plaintiff Danan Gabaldon’s Second Motion for
Appointment of Counsel (“Motion”) [ECF No. 16]. The Court will again 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.

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IT IS ORDERED that Plaintiff’s Second Motion for Appointment of Counsel is
DENIED.
IT IS SO ORDERED.

_______________________________________
THE HONORABLE GREGORY J. FOURATT
UNITED STATES MAGISTRATE JUDGE

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