Cochrun v. United States

Filing 11

ORDER denying 5 Motion to Appoint Counsel; denying 8 Motion to waive filing fee; denying 8 Motion for Hearing. Initial partial filing fee due by 9/25/2014. Signed by U.S. District Judge Karen E. Schreier on 8/26/2014. (KC)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
DEAN ALLEN COCHRUN,
Plaintiff,
vs.
UNITED STATES,
Defendants.

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Civ. 14-5040-KES

ORDER DENYING MOTION TO
WAIVE THE FILING FEE, DENYING
MOTION TO APPOINT COUNSEL,
AND DENYING REQUEST FOR
HEARING

On June 9, 2014, the court entered an order granting plaintiff, Dean Allen
Cochrun, leave to proceed in forma pauperis and directing payment of an initial
partial filing fee. Docket 7. Plaintiff now moves the court to appoint counsel
(Docket 5), waive the entire filing fee associated with this action (Docket 8), and
grant him a hearing (Docket 8). The court will address each motion in turn.
I.

The Court Denies Cochrun’s Motion to Appoint Counsel.
“A pro se litigant has no statutory or constitutional right to have counsel

appointed in a civil case.” Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998).
In determining whether to appoint counsel to a pro se litigant’s civil case, the
district court considers the complexity of the case, the ability of the indigent
litigant to investigate the facts, the existence of conflicting testimony, and the
indigent's ability to present his claim. Id. In this action and at this stage of
litigation, the facts of Cochrun’s case are not complex and he appears able to
adequately present his claims. Moreover, because the court has yet to direct

service of his complaint, there is no conflicting testimony to refute. Cochrun’s
motion to appoint counsel (Docket 5) is therefore denied.
II.

The Court Denies Cochrun’s Motion to Waive the Filing Fee.
Cochrun requests that the court waive the entire filing fee associated with

this action. Docket 8. Pursuant to 28 U.S.C. § 1915(b)(1), a prisoner who “brings
a civil action or files an appeal in forma pauperis . . . shall be required to pay the
full amount of a filing fee.” The court, therefore, will not waive this wellestablished requirement.
III.

The Court Denies Cochrun’s Request for Hearing.
Cochrun requests a hearing for the purpose of examining Trinity Marie

Cochrun (Chipowsky). Docket 8. Because this order resolves all pending motions,
and because the United States has yet to be served in the instant action, the
court finds that Cochrun is not entitled to a hearing at this time. Accordingly, it
is
ORDERED that plaintiff’s motion to appoint counsel (Docket 5) is denied.
IT IS FURTHER ORDERED that plaintiff’s motion to waive the entire filing
fee associated with this action (Docket 8) is denied. Plaintiff will make an
initial partial payment of 73 cents by September 25, 2014, made payable
to the Clerk, U.S. District Court. If the initial partial filing fee is not received
by the specified deadline, the case will be dismissed.

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IT IS FURTHER ORDERED that plaintiff’s request for hearing (Docket 8) is
denied.
Dated August 26, 2014.
BY THE COURT:

/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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