Opinion
C/A No. 0:13-2322-JFA-PJG
03-25-2014
Bryant Keith Bentley, Plaintiff, v. Dr. Colon, former Chief Dental Officer; and Mr. Smith, Dental hygienist, Defendants.
ORDER
Plaintiff Bryant Keith Bentley, a self-represented federal inmate, filed this action pursuant to 42 U.S.C. § 1983 alleging a violation of his constitutional rights. This matter is before the court on the plaintiff's pleading in which he requests appointment of counsel. (ECF No. 26.)
There is no right to appointed counsel in § 1983 cases. Hardwick v. Ault, 517 F.2d 295 (5th Cir. 1975). The court may use its discretion to request counsel to represent an indigent in a civil action. See 28 U.S.C. § 1915(e)(1); Mallard v. United States Dist. Court for S. Dist. of Iowa, 490 U.S. 296 (1989). However, such discretion "should be allowed only in exceptional cases." Cook v. Bounds, 518 F.2d 779, 780 (4th Cir. 1975). Whether exceptional circumstances are present depends on the type and complexity of the case, and the pro se litigant's ability to prosecute it. Whisenant v. Yuam, 739 F.2d 160 (4th Cir. 1984), abrogated on other grounds by Mallard, 490 U.S. 296.
Upon review of the file, the court has determined that there are no exceptional or unusual circumstances presented at this time, nor would the plaintiff be denied due process if the court denied plaintiff's request for counsel. Id. Accordingly, the plaintiff's motion requesting counsel under 28 U.S.C. § 1915(e)(1) is denied.
To the extent that plaintiff asks the court to conduct a hearing regarding the status of his case, such request is denied at this time without prejudice as premature.
IT IS SO ORDERED.
__________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
March 25, 2014
Columbia, South Carolina