Nelder v. Bigelow et al
MEMORANDUM DECISION AND ORDER denying 8 Motion to Appoint Counsel. Signed by Judge Dee Benson on 1/9/13. (jlw)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
MICHAEL P. NELDER,
) ORDER DENYING MOTION, &
) MEMORANDUM DECISION
) Case No. 2:12-CV-245 DB
) District Judge Dee Benson
KELLY WORLEY et al.,
Plaintiff, Michael P. Nelder, filed a pro se prisoner civil
Plaintiff now moves for appointed counsel.
Plaintiff has no constitutional right to counsel.2
the Court may in its discretion appoint counsel for indigent
"The burden is upon the applicant to convince the
court that there is sufficient merit to his claim to warrant the
appointment of counsel."4
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.'"5
See 42 U.S.C.S. § 1983 (2012).
See Carper v. Deland, 54 F.3d 613, 616 (10th Cir. 1995); Bee v. Utah
State Prison, 823 F.2d 397, 399 (10th Cir. 1987).
See 28 U.S.C.S. § 1915(e)(1) (2012); Carper, 54 F.3d at 617; Williams
v. Meese, 926 F.2d 994, 996 (10th Cir. 1991).
McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985).
Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995) (quoting
Williams, 926 F.2d at 996); accord McCarthy, 753 F.2d at 838-39.
Considering the above factors, the Court concludes here that, at
this time, Plaintiff's claims may not be colorable, the issues in
this case are not complex, and Plaintiff is not at this time too
incapacitated or unable to adequately function in pursuing this
Thus, the Court denies for now Plaintiff's motion for
IT IS HEREBY ORDERED that Plaintiff's motion for appointed
counsel is DENIED6; however, if, after the case develops further,
it appears that counsel may be needed or of specific help, the
Court will ask an attorney to appear pro bono on Plaintiff's
DATED this 9th day of January, 2013.
BY THE COURT:
JUDGE DEE BENSON
United States District Court
(See Docket Entry # 8.)
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