Smout v. Cutrubus Motors et al

Filing 17

MEMORANDUM DECISION and ORDER denying 15 Motion to Appoint Counsel. Signed by Judge Ted Stewart on 8/13/2015. (blh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
HEATHER SMOUT,

MEMORANDUM DECISION AND
ORDER DENYING PLAINTIFF’S
REQUEST TO APPOINT COUNSEL

Plaintiff,
v.
CUTRUBUS MOTORS et al.,

Case No. 1:15-CV-1 TS

Defendants.

District Judge Ted Stewart

This matter is before the Court on Plaintiff’s Motion for Appointment of Counsel. As a
civil litigant, Plaintiff has no constitutional right to counsel. 1 28 U.S.C. § 1915(e) provides that
“[t]he court may request an attorney to represent any person unable to afford counsel.” The
appointment of counsel under this statute is within the discretion of the court. 2 When deciding
whether to appoint counsel, the Court considers a variety of factors, “including ‘the merits of the
litigant’s claims, the nature of the factual issues raised in the claims, the litigant’s ability to
present his claims, and the complexity of the legal issues raised by those claims.’” 3
In considering these factors, the Court concludes that (1) it is not yet clear whether
Plaintiff has asserted a colorable claim; (2) the issues involved, both factually and legally, do not
appear to be overly complex; and (3) Plaintiff is not incapacitated or otherwise unable to
adequately prosecute this matter. Therefore, the Court will deny Plaintiff’s Motion for

1

MacCuish v. United States, 844 F.2d 733, 735 (10th Cir. 1988).

2

McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985).

3

Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995) (quoting Williams v. Meese,
926 F.2d 994, 996 (10th Cir. 1991)).

1

Appointment of Counsel. However, if this case is found to have merit and if it appears that
counsel will be needed to assist Plaintiff, the Court may ask an attorney to appear pro bono on
Plaintiff’s behalf at a later date.
It is therefore
ORDERED that Plaintiff’s Motion for Appointment of Counsel (Docket No. 15) is
DENIED.
DATED this 13th day of August, 2015.
BY THE COURT:

Ted Stewart
United States District Judge

2