Smith v. Hartley et al
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
MICHAEL HARTLEY and
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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