Flander v. KForce Inc et al

Filing 15

ORDER entered DENYING 6 MOTION to Appoint Counsel, GRANTING 5 MOTION for Leave to Proceed in forma pauperis.(Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
SUSAN FLANDER,
Plaintiff,
VS.
KFORCE, INC., et al.,
Defendants.

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CIVIL ACTION NO. H-12-0713

ORDER
The plaintiff has applied to proceed without prepaying fees or costs. (Docket Entry No. 5,
6). The motion is granted.
The plaintiff has also moved for appointment of counsel. (Docket Entry No. 6). To appoint
counsel under Title VII, this court must examine three factors: (1) the merits of the plaintiff’s claims
of discrimination; (2) the efforts taken by the plaintiff to obtain counsel; and (3) the plaintiff’s
financial ability to retain counsel. Gonzalez v. Carlin, 907 F.2d 573, 580 (5th Cir. 1990); Caston
v. Sears, Roebuck & Co., 556 F.2d 1305, 1309 (5th Cir. 1977); see also, Salmon v. Corpus Christi
Independent School District, 911 F.2d 1165 (5th Cir. 1990). After reviewing the current record in
this case, the court determines that appointment of counsel is premature. The record is insufficient
for this court to make a preliminary determination regarding the merits of plaintiff’s case. There is
also no evidence in the record that plaintiff has independently attempted to secure counsel. The
motion for appointment of counsel is denied at this stage of the litigation.
SIGNED on March 14, 2012, at Houston, Texas.

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Lee H. Rosenthal
United States District Judge