Wiggins v. Wallace et al

Filing 99

ORDER denying 98 Motion to Appoint Counsel. Signed by Magistrate Judge Shiva V. Hodges on 6/7/2019. (lbak)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Derell Dewitt Wiggins, #345961,
Plaintiff,
vs.
Brian Wallace; Mark Richardson;
Richard Neil; Briana Murphy;
Bryan Alexander; Oscar Almazon;
Richard McCullough; and Brandon
Rowell,
Defendants.

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C/A No.: 1:18-1448-TMC-SVH

ORDER

Derell Dewitt Wiggins (“Plaintiff”), proceeding pro se and in forma
pauperis, brought this civil rights action alleging a violation of his
constitutional rights pursuant to 42 U.S.C. § 1983. This matter is before the
court on Plaintiff’s motion for appointment of counsel. [ECF No. 98].
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.
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.

June 7, 2019
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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