Barker v. Jones

Full title: EDVIN BARKER, #264 430, Plaintiff, v. WARDEN K. JONES, et al., Defendants

Court: United States District Court, M.D. Alabama, Northern Division

Date published: Nov 4, 2010

2:10-CV-860-TMH (WO) (M.D. Ala. Nov. 4, 2010)

Opinion

2:10-CV-860-TMH (WO).

November 4, 2010

ORDER ON MOTION

TERRY MOORER, Magistrate Judge

Pending before the court is Plaintiff's request for appointment of counsel. A plaintiff in a civil case has no constitutional right to counsel. While an indigent plaintiff may be appointed counsel pursuant to 28 U.S.C. § 1915(e)(1), a court retains broad discretion in making this decision. See Killian v. Holt, 166 F.3d 1156, 1157 (11^th Cir. 1999).

Here, the court finds from its review of the complaint that Plaintiff is able to adequately articulate the facts and grounds for relief in the instant matter without notable difficulty. Furthermore, the court concludes that Plaintiff's complaint is not of undue complexity and that he has not shown that there are exceptional circumstances justifying appointment of counsel. See Kilgo v. Ricks, 983 F.2d 189, 193 (11^th Cir. 1993); Dean v. Barber, 951 F.2d 1210, 1216 (11^th Cir. 1992); see also Fowler v. Jones, 899 F.2d 1088, 1096 (11^th Cir. 1990). Therefore, in the exercise of its discretion, the court shall deny Plaintiff's request for appointment of counsel at this time. The request may be reconsidered if warranted by further developments in this case.

Accordingly, it is

ORDERED that Plaintiff's Motion for Appointment of Counsel ( Doc. No. 9), is DENIED.

Done, this 4^th day of November 2010.