Opinion
Civil 4:22-CV-03042
09-27-2023
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.