Smith v. Hartley et al

Filing 8

ORDER by Magistrate Judge Kevin R. Sweazea denying 6 Motion to Appoint Counsel. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
MELISSA SMITH,
Plaintiff,
v.

No. 2:17-cv-01021-JCH-KRS

MICHAEL HARTLEY and
JAKE VU,
Defendants.

ORDER DENYING MOTION TO APPOINT COUNSEL
THIS MATTER comes before the Court upon Plaintiff’s Motion to Appoint Counsel
[Doc. 6], filed November 29, 2017. Having reviewed the request, the Court FINDS and
CONCLUDES that Plaintiff’s motion is not well-taken and should be denied. In making this
determination, the Court notes that it has broad discretion to appoint an attorney for an indigent
claimant per 28 U.S.C. § 1915(e)(1). Long v. Shillinger, 927 F.2d 525, 526 (10th Cir. 1991).
However, as set forth in the Court’s Order Denying Motion to Proceed In Forma Pauperis [Doc.
7], entered November 30, 2017, Plaintiff has failed to establish that she is indigent under 28
U.S.C. § 1915(a)(1).
IT IS, THEREFORE, ORDERED that Plaintiff’s Motion to Appoint Counsel [Doc. 6]
is hereby DENIED.
_____________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE