Allen v. Potter et al

Filing 9

Memorandum Order denying without prejudice 3 Motion to Appoint Counsel. (Signed by Magistrate Judge Jeff Kaplan on 9/19/2008) (twd)

T NTHE UNITED STATESDISTRICTCOURT N O R T H E R NDISTRICTOF TEXAS D A L L A S DIVISION JOHN W. ALLEN Plaintiff, VS. Postmaster J O H NE. POTTER, Service G e n e r a lU.S.Postal ,
Defendant.

N O . 3-08-CV-r476-D

MEMORANDUM

ORDER

of P l a i n t i f f John W. Allen has filed a motion for appointment counselin this race,age,and disability discrimination casebrought againsthis former employer, the U.S. Postal Service. There i s no automaticright to the appointmentof counselin an employmentdiscriminationsuit. Caston the v . Seers,Roebuck& Co., 556F.2d 1305,1309(5th Cir. 1977). Rather, decisionis left to the sound discretion of the trial court. In determining whether to appoint counsel for an indigent p l a i n t i f f , the court must consider: (l) the merits of the claim; (2) efforts taken to obtain a lawyer; v. a n d (3) the financial ability of plaintiff to retaincounsel.SeeGonzalez Carlin,907 F .2d 573, 580 F.2d at ( 5 t h Cir. 1990);Caston,556F.2dat 1309. No singlefactoris conclusive.Gonzalez,907 580. P r i o r to filing suit, plaintiff filed a chargeof discriminationwith the EEOC. However,it is whetherplaintiff hasa meritoriousclaim or eveninvestigated everdetermined n o t clearif the agency the charge. Nor has plaintiff alleged suffrcient facts in his complaint and interrogatory answersto the e n a b l ethe court to assess merits of his claim. Moreover,plaintiff hasnot detailedhis efforts to

to obtaincounsel.Althoughplaintiffmay lackthefinancialresources hire a lawyer,thatfactoralone of doesnot warrantthe appointment counsel. without of plaintiffs motionfor appointment counsel reasons, F o rthese [Doc.#3] is denied motions afterdispositive dismissal survives prejudice. his Plaintiffmayreurge motionif this case a r edecided. S O ORDERED. 19, D A T E D : September 2008.

JUDGts }VIAGISTRATE STATES