Martin v. Lampshire

Full title: TRAVIS BEN MARTIN, Plaintiff, v. OFFICER JONATHON LAMPSHIRE, Defendant.

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH

Date published: Jul 5, 2012

Case No. 2:11-CV-335 TC (D. Utah Jul. 5, 2012)

Opinion

Case No. 2:11-CV-335 TC

07-05-2012

TRAVIS BEN MARTIN, Plaintiff, v. OFFICER JONATHON LAMPSHIRE, Defendant.

TENA CAMPBELL

ORDER DENYING MOTION &

MEMORANDUM DECISION

District Judge Tena Campbell

Plaintiff, Travis Ben Martin, filed a pro se prisoner civil rights complaint.¹ Plaintiff now moves a second and third time for appointed counsel.

1 See 42 U.S.C.S. § 1983 (2012).

The Court reiterates that Plaintiff has no constitutional right to counsel.² However, the Court may in its discretion appoint counsel for indigent inmates.³ "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

2 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).

3 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).

4 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.'"⁵Considering the above factors, the Court again 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 matter. Thus, the Court denies for now Plaintiff's motions for appointed counsel.

5 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.

IT IS HEREBY ORDERED that Plaintiff's motions for appointed counsel are 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 behalf.

6 (See Docket Entry #s 23 & 27.)
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IT IS FURTHER ORDERED that the Clerk's office shall accept no more motions for appointed counsel from Plaintiff.

BY THE COURT:

______________________

JUDGE TENA CAMPBELL

United States District Court