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Davis v. Isbell

United States District Court, Southern District of Texas
Sep 27, 2023
Civil 4:22-CV-03042 (S.D. Tex. Sep. 27, 2023)

Opinion

Civil 4:22-CV-03042

09-27-2023

TERRANCE DAVIS, Plaintiff, v. WANDA ISBELL, VIRGINIA LOVELL, ADRIAN AMONETT and CMHC-UTMB, Defendants.


ORDER DENYING MOTIONS TO APPOINT COUNSEL

DREW B. TIPTON, UNITED STATES DISTRICT JUDGE.

Terrance Davis, an inmate in the Texas Department of Criminal Justice, filed a lawsuit alleging violations of his civil rights. Davis has also filed two motions for the appointment of counsel.

A civil rights plaintiff has no automatic right to the appointment of counsel. See Hulsey v. State of Texas, 929 F.2d 168, 172-73 (5th Cir. 1991) (citing Freeze v. Griffith, 849 F.2d 172, 175 (5th Cir. 1988); Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir. 1982)). The appointment of counsel is not required unless a case presents exceptional circumstances. See Hulsey, 929 F.2d at 173 (citing Ulmer, 691 F.2d at 212-13).

Davis's motions state that Davis is an indigent inmate. These circumstances are common, not exceptional. Because Davis does not identify any exceptional circumstances, his motions for appointment of counsel (Dkt. Nos. 4 and 18) are DENIED. The Court will appoint counsel on its own motion at a later date if it determines that such appointment is appropriate.

It is SO ORDERED.


Summaries of

Davis v. Isbell

United States District Court, Southern District of Texas
Sep 27, 2023
Civil 4:22-CV-03042 (S.D. Tex. Sep. 27, 2023)
Case details for

Davis v. Isbell

Case Details

Full title:TERRANCE DAVIS, Plaintiff, v. WANDA ISBELL, VIRGINIA LOVELL, ADRIAN…

Court:United States District Court, Southern District of Texas

Date published: Sep 27, 2023

Citations

Civil 4:22-CV-03042 (S.D. Tex. Sep. 27, 2023)