Fetherson v. Blackmon et al

Filing 87

ORDER denying the plaintiff's 42 and 71 motions for appointment of counsel. Signed by Magistrate Judge Paige J. Gossett on 7/6/2017. (bgoo)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Dana Fetherson, ) ) Plaintiff, ) ) v. ) ) Lieutenant Monty Lee Blackmon, ) ) Defendant. ) _____________________________________ ) C/A No. 0:16-3189-JFA-PJG ORDER Plaintiff Dana Fetherson, proceeding pro se, filed this action pursuant to 42 U.S.C. § 1983 alleging a violation of his constitutional rights. This matter is before the court on the plaintiff’s motions for appointment of counsel. (ECF Nos. 42 & 71.) There is no right to appointed counsel in § 1983 cases. Hardwick v. Ault, 517 F.2d 295 (5th Cir. 1975). The court may use its discretion to request counsel to represent an indigent in a civil action. See 28 U.S.C. § 1915(e)(1); Mallard v. United States Dist. Court for S. Dist. of Iowa, 490 U.S. 296 (1989). However, such discretion “should be allowed only in exceptional cases.” Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975). Whether exceptional circumstances are present depends on the type and complexity of the case, and the pro se litigant’s ability to prosecute it. Whisenant v. Yuam, 739 F.2d 160 (4th Cir. 1984), abrogated on other grounds by Mallard, 490 U.S. 296. Upon review of the file, the court has determined that there are no exceptional or unusual circumstances presented at this time, nor would the plaintiff be denied due process if the court denied plaintiff’s request for counsel. Id. Accordingly, the plaintiff’s motions requesting counsel under 28 U.S.C. § 1915(e)(1) are denied. Page 1 of 2 IT IS SO ORDERED. ___________________________________ Paige J. Gossett UNITED STATES MAGISTRATE JUDGE July 6, 2017 Columbia, South Carolina Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?