Barnes v. Okmulgee County Criminal Justice Authority

Filing 14

OPINION AND ORDER by District Judge James H. Payne : Denying 12 Motion for Appointment of Counsel. (acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA

JOHN WALTER BARNES,

)
)
Plaintiff,
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vs.
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OKMULGEE COUNTY CRIMINAL )
JUSTICE AUTHORITY, et al.,
)
)
Defendants. )

Case No. CIV-13-241-JHP-SPS

OPINION AND ORDER
DENYING MOTION FOR APPOINTMENT OF COUNSEL
Plaintiff has filed a motion requesting the court to appoint counsel (Dkt. # 12). He
bears the burden of convincing the court that his claim has sufficient merit to warrant
appointment of counsel. McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985) (citing
United States v. Masters, 484 F.2d 1251, 1253 (10th Cir. 1973)). After carefully reviewing
the merits of plaintiff’s claims, the nature of the factual issues raised, plaintiff’s ability to
investigate crucial facts and present his claims and the complexity of the legal issues
involved herein, this Court finds that appointment of counsel is not warranted. Williams v.
Meese, 926 F.2d 994, 996 (10th Cir. 1991). Accordingly, plaintiff’s motion (Dkt. # 12) is
denied.
IT IS SO ORDERED on this 24th day of September, 2013.