Smith v. Hartley et al

Filing 8

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

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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

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