Jaquez v. Dallis et al

Filing 52

OPINION AND ORDER by District Judge Ronald A. White denying 36 Motion for Appointment of Counsel. (acg, Deputy Clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA HENRY JOSEPH JAQUEZ, Plaintiff, v. JOHNNY DALLIS, et al., Defendants. ) ) ) ) ) ) ) ) ) No. CIV 23-054-RAW-JAR OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL Plaintiff has filed a motion requesting the Court to appoint counsel (Dkt. 36). 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 for appointment of counsel (Dkt. 36) is DENIED. IT IS SO ORDERED this 13TH day of November 2023. ___________________________________ HONORABLE RONALD A. WHITE UNITED STATES DISTRICT JUDGE

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