Trecker v. Kalinch et al

Filing 16

OPINION AND ORDER by Judge Ronald A. White: Denying 8 Motion for Appointment of Counsel. (acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
DYLAN CHRISTOPHER TRECKER,
Plaintiff,
v.
CHAZZLYN KALINCH and
JAMES YATES,
Defendants.

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No. CIV 17-276-RAW-SPS

OPINION AND ORDER
DENYING MOTION FOR APPOINTMENT OF COUNSEL
Plaintiff has filed a motion requesting the Court to appoint counsel (Dkt. 8). 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. 8) is DENIED.
IT IS SO ORDERED this 5th day of October 2017.

Dated this 5th day of October, 2017.

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