McClanahan v. Young et al

Filing 13

ORDER denying 11 Motion to Appoint Counsel ; denying 11 Motion for certification of class. Signed by U.S. District Judge Roberto A. Lange on 7/7/14. (DJP)

FILED

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
SILVER NICOLICE McCLANAHAN,
Plaintiff,
vs.
DARIN YOUNG, Warden of the South
Dakota State Penitentiary; JENNIFER
WAGNER, Associate Warden of Security;
ART ALLCLCK, Liason for DCI; and
KEITH DITMANSON, Unit Manager,
Defendants.

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JUL 07 2014

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CIV 13-4140-RAL

ORDER DENYING MOTION
FOR CERTIFICATION OF CLASS
AND APPOINTMENT OF COUNSEL

On June 20,2014, Plaintiff Silver Nicolice McClanahan filed a Motion for Certification
of Class and Appointment of Counsel. Doc. 11. McClanahan is an inmate in state custody who
filed a civil rights complaint under 28 U.S.C. § 1343(a) and 42 U.S.C. § 1983. Doc. 1. This Court
recently screened McClanahan's Complaint and directed service on the Defendants. Doc. 8.
McClanahan's Complaint sought relief only on his behalf and described alleged
mistreatment of him, and him alone, by state officials. McClanahan's Complaint contained no
allegations supporting a class action. See Doc. 1. McClanahan's subsequent filing fails to satisfy
the standard under Rule 23 of the Federal Rules of Civil Procedure for certification of a class
action.
McClanahan does not have a right to court appointed counsel in a proceeding ofthis nature.
See Ward v. Smith, 721 F.3d 940, 942 (8th Cir. 2013) (per curiam) (explaining in case where
plaintiff brought claims under § 1983 that there is no constitutional or statutory right to appointed
counsel in civil cases); Phillips v. Jasper Cnty. Jail, 437 F.3d 791, 794 (8th Cir. 2006) (same).

McClanahan coupled his request for appointment ofcounsel with a motion to proceed with a class
action. This Court wishes to await the response ofthe state officials before evaluating whether this
case justifies appointment of counsel and whether doing so would be beneficial to this Court and
to the proper administration ofjustice.
Therefore, it is hereby
ORDERED that McClanahan's Motion for Certification of Class and Appointment of
Counsel, Doc. 11, is denied without prejudice.
Dated July

I~ 2014.

g:a:~

ROBERTO A. LAN E
UNITED STATES DISTRICT JUDGE

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