McEntire v. Newman et al
Filing
4
MEMORANDUM DECISION denying 2 Motion to Appoint Counsel. Signed by Magistrate Judge Dustin B. Pead on 1/14/13. (jlw)
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
KELLY S. McENTIRE,
MEMORANDUM DECISION
Plaintiff,
Case No. 2:12-cv-01133
v.
ROBERT NEWMAN and JAMES
SELANDER,
United States District Court Judge Dale
Kimball
Magistrate Judge Dustin Pead
Defendants.
This matter was referred to Magistrate Judge Dustin Pead by District Judge Dale A.
Kimball pursuant to 28 U.S.C. § 636(b)(1)(B) (Docket Number 3). Before the court is Kelly S.
McEntire’s (Plaintiff) Motion For Appointment of Counsel (Docket Number 2).1
A plaintiff in a civil case has no statutory or constitutional right to the appointment of
counsel. See, e.g., Williams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991). When deciding
whether to appoint counsel, a 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, 926 F.2d at 996).2
1
In his motion, Plaintiff indicates that the court previously approved his application to
file the matter in forma pauperis pursuant to 28 U.S.C. § 1915. (Docket Number 2). However,
the docket reflects that Plaintiff paid the $350.00 filing fee associated with the filing of her
complaint, and therefore she did not proceed under the in forma pauperis statue. (Docket
Number 1. Receipt number 4681054604).
Considering the above factors in relation to this case, the Court concludes that (1) it is not
yet clear whether Plaintiff has asserted colorable claims, (2) the issues involved in this matter are
not overly complex, and (3) Plaintiff is able to adequately present his claims. Therefore, the
Court DENIES Plaintiff’s motion for appointment of counsel at this time. However, as the
matter develops, if it appears that counsel may be necessary or of special help, the Court may
choose to exercise its discretion and appoint an attorney to represent Plaintiff pro bono.
IT IS SO ORDERED.
DATED this 14th day of January, 2013.
____________________________________
Dustin Pead
U.S. Federal Magistrate Judge
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