Tice v. Adger et al

Filing 38

ORDER denying Plaintiff's 33 motion for the appointment of counsel. Signed by Magistrate Judge Paige J. Gossett on 6/8/2016. (bgoo)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Joseph Charles Tice,

)
)
Plaintiff,
)
)
v.
)
)
Jerry B. Adger, Head Probation Officer; Lisa )
Baker, Probation Officer,
)
)
Defendants.
)
_____________________________________ )

C/A No. 3:15-4781-JFA-PJG

ORDER

Plaintiff Joseph Charles Tice, 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 motion for appointment of counsel. (ECF No. 33.)
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.
Tice summarily argues that an attorney should be appointment due to his mental health
issues. Upon review of the file, Tice’s filings thus far demonstrate a capacity to present his claims.
Further, Tice has presented no evidence supporting a finding that any mental health issues would

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interfere with his ability to prosecute his claims. Accordingly, Tice has shown no exceptional or
unusual circumstances presented at this time which would justify the appointment of counsel or that
he would be denied due process if an attorney were not appointed. Id. Accordingly, the plaintiff’s
motion requesting counsel under 28 U.S.C. § 1915(e)(1) is denied.
IT IS SO ORDERED.

___________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
June 8, 2016
Columbia, South Carolina

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