Navarette v. Corizon LLC et al

Filing 5

ORDER by Magistrate Judge Stephan M. Vidmar DENYING 2 Plaintiff's Motion for Appointment of Counsel. (sg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
ARNOLDO NAVARETTE,
Plaintiff,
v.

No. 18-cv-0057 WJ/SMV

CORIZON LLC, FNU WALDEN,
NORTHEASTERN NEW MEXICO
DETENTION FACILITY, and GEO GROUP,
Defendants.
ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL
THIS MATTER is before the Court on Plaintiff’s Motion for Appointment of Counsel
[Doc. 2], filed on January 17, 2018. Plaintiff is incarcerated and proceeding pro se in this
42 U.S.C. § 1983 action. He reports that he cannot afford to hire a lawyer for his case and his
attempt to obtain pro bono counsel was unsuccessful. Id.
However, United States District Courts lack the authority to appoint counsel to represent
indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298
(1989); Rachel v. Troutt, 820 F.3d 390, 396–97 (10th Cir. 2016).

In certain exceptional

circumstances, a court may request the voluntary assistance of counsel pursuant to 28 U.S.C.
§ 1915(e)(1). In deciding whether to request voluntary assistance of counsel, courts should
consider “the merits of the litigant’s claims, the nature of the factual issues raised in the claims, the
litigant’s ability to present his claims, and the complexity of the legal issues raised by the claims.”
Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995) (internal quotation marks omitted).
Ultimately, the burden is on the plaintiff “to convince the court that there is sufficient merit to his

claim to warrant [a request for voluntary assistance] of counsel.” Hill v. Smithkline Beecham
Corp., 393 F.3d 1111, 1115 (10th Cir. 2004) (internal quotation marks omitted).
At this time, the Court is not convinced that there is sufficient merit or complexity in
Plaintiff’s claims to warrant requesting the voluntary assistance of counsel. Moreover, thus far,
Plaintiff has been adequately presenting his claims.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff’s
Motion for Appointment of Counsel [Doc. 2] is DENIED at this time.
IT IS SO ORDERED.

______________________________
STEPHAN M. VIDMAR
United States Magistrate Judge

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