Rucker v. Swensen et al

Filing 14

MEMORANDUM DECISION denying 8 Motion to Appoint Counsel. Signed by Magistrate Judge Evelyn J. Furse on 1/21/16. (jlw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
GARY WASHINGTON RUCKER,
Plaintiff,

MEMORANDUM DECISION AND
ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL

v.
CHASE SWENSEN et al.,
Defendants.

Case No. 1:15-cv-00054-DB-EJF
District Judge Dee Benson
Magistrate Judge Evelyn J. Furse

On May 1, 2015, Plaintiff Gary W. Rucker filed a pro se civil rights complaint. (ECF No.
3.) Mr. Rucker now moves for appointed counsel. (ECF No. 8.)
Litigants do not have a constitutional right to counsel in civil cases. Durre v. Dempsey,
869 F.2d 543, 547 (10th Cir. 1989) (citing Bethea v. Crouse, 417 F.2d 504, 505 (10th Cir. 1969)).
However, the Court may in its discretion appoint counsel for indigent litigants. 28 U.S.C. §
1915(e)(1). "The burden is upon the applicant to convince the court that there is sufficient merit
to his claim to warrant the appointment of counsel.” McCarthy v. Weinberg, 753 F.2d 836, 838
(10th Cir. 1985).
When deciding whether to appoint counsel, the district court should consider 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
the claims.'" Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995) (quoting Williams v.
Meese, 926 F.2d 994, 996 (10th Cir. 1991). Considering the above factors, the Court concludes
here that, at this time, the factual and legal issues in this case are not overly complex, and Mr.

Rucker possesses the necessary physical and mental capability to pursue this matter. Thus, the
Court denies for now Mr. Rucker’s motion for appointment of counsel.
IT IS HEREBY ORDERED that Mr. Rucker’s motion for appointment of counsel is
DENIED; however, if, after the case develops further, it appears that Mr. Rucker may need
counsel for specific help, the Court will ask an attorney to appear pro bono on Mr. Rucker’s
behalf.
DATED this 21st day of January, 2016.
BY THE COURT:

EVELYN J. FURSE
United States MagistrateJudge