Johnson v. Marlar et al

Filing 6

OPINION AND ORDER by District Judge James H. Payne : Denying 3 plaintiff's Motion for Appointment of Counsel. (acg, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA DEXTER LEEMON JOHNSON, Plaintiff, v. DR. JOHN MARLAR and PATRICIA SORRELS, Defendants. ) ) ) ) ) ) ) ) ) ) No. CIV 16-440-JHP-SPS OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL Plaintiff has filed a motion requesting the court to appoint counsel. He bears the burden of convincing the court that his claim has sufficient merit to warrant such appointment. McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985) (citing United States v. Masters, 484 F.2d 1251, 1253 (10th Cir. 1973)). The court has carefully reviewed the merits of Plaintiff’s claims, the nature of factual issues raised in his allegations, and his ability to investigate crucial facts. McCarthy, 753 F.2d at 838 (citing Maclin v. Freake, 650 F.2d 885, 887-88 (7th Cir. 1981)). After considering Plaintiff’s ability to present his claims and the complexity of the legal issues raised by the claims, the court finds that appointment of counsel is not warranted. See Williams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991); see also Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995). ACCORDINGLY, Plaintiff’s motion (Dkt. 3) is DENIED. IT IS SO ORDERED this 17th day of October 2016.

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