Jenkins v. Smith et al
Filing
31
ORDER: Plaintiff's request for 29 MOTION to Appoint Counsel is denied. Signed by Magistrate Judge Shiva V. Hodges on 11/16/2018. (lbak)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Steve Jenkins,
Plaintiff,
vs.
J. Smith, Case Manager; T.
Jenkins, Case Manager; and
Designation and Sentence
Computation Center (DSCC),
Defendants.
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C/A No.: 1:18-995-HMH-SVH
ORDER
Steve Jenkins (“Plaintiff”), proceeding pro se and in forma pauperis,
brought this civil rights action alleging a violation of his constitutional rights.
This matter is before the court on Plaintiff’s motion for appointment of
counsel. [ECF No. 29].
There is no right to appointed counsel in § 1983 cases. Cf. Hardwick v.
Ault, 517 F.2d 295, 298 (5th Cir. 1975). While the court is granted the power
to exercise its discretion to appoint counsel for an indigent in a civil action, 28
U.S.C. § 1915(e)(1); Smith v. Blackledge, 451 F.2d 1201 (4th Cir. 1971), such
appointment “should be allowed only in exceptional cases.” Cook v. Bounds,
518 F.2d 779, 780 (4th Cir. 1975). Plaintiff in his motion has not shown that
any exceptional circumstances exist in this case. Rather, he simply states
that he is unable to afford counsel and has limited knowledge of the law or
access to the law library.
After a review of the file, this court has determined that there are no
exceptional or unusual circumstances presented that would justify the
appointment of counsel, nor would Plaintiff be denied due process if an
attorney were not appointed. Whisenant v. Yuam, 739 F.2d 160 (4th Cir.
1984). In most civil rights cases, the issues are not complex, and whenever
such a case brought by an uncounseled litigant goes to trial, the court
outlines proper procedure so the uncounseled litigant will not be deprived of a
fair opportunity to present his case. Accordingly, Plaintiff’s request for a
discretionary appointment of counsel under 28 U.S.C. §1915(e)(1) is denied.
IT IS SO ORDERED.
November 16, 2018
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
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