Wainwright v. Medical Department Cuyahoga County Correctional Center et al

Filing 23

Opinion & Order signed by Judge James S. Gwin on 1/31/18 denying plaintiff's motion for appointment of counsel for the reasons set forth in this order. (Related Doc. 18 ) (D,MA)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
-----------------------------------------------------:
JONATHAN L. WAINWRIGHT,
:
:
Plaintiff,
:
:
v.
:
:
MEDICAL DEPARTMENT CUYAHOGA :
COUNTY CORRECTIONAL CENTER, :
et. al
:
:
Defendants.
:
:
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CASE NO. 1:17-CV-1621

OPINION & ORDER
[Resolving Doc. 18]

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Plaintiff Jonathan L. Wainwright brings a prisoner civil rights action under 42 U.S.C. §
1983. On January 11, 2018, Wainwright filed a motion for appointment of counsel.1
Appointment of counsel for prisoners proceeding in forma pauperis is governed by 28
U.S.C. § 1915, which states that “[t]he court may request an attorney to represent any person
unable to afford counsel.”2 The Sixth Circuit has stated:
Appointment of counsel in a civil case is not a constitutional right. It is a privilege
that is justified only by exceptional circumstances. In determining whether
“exceptional circumstances” exist, courts have examined the type of case and the
abilities of the plaintiff to represent himself. This generally involves a
determination of the complexity of the factual and legal issues involved.3
At this time, the Court declines to exercise its discretion to appoint counsel to represent
Plaintiff Wainwright. Wainwright’s complaint shows a basic understanding of the legal process.
The Court sees no exceptional circumstances warranting appointment of counsel.

1

Doc. 18. Defendants opposed. Docs. 19, 20.
28 U.S.C. § 1915(e)(1).
3
Lavado v. Keohane, 992 F.2d 601, 605-06 (6th Cir. 1993) (internal quotations and citations omitted).
2

Case No. 1:17-CV-1621
Gwin, J.
Accordingly, the Court DENIES Plaintiff’s motion for the appointment of counsel.

IT IS SO ORDERED.

Dated: January 31, 2018

s/
James S. Gwin
JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

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