Edwards v. Turner

Full title: GABRIEL MICHAEL EDWARDS v. DARRELL TURNER

Court: UNITED STATES DISTRICT JUDGE WESTERN DISTRICT OF LOUISIANA ALEXANDRIA DIVISION

Date published: Nov 25, 2014

CIVIL ACTION NO. 13-2416 (W.D. La. Nov. 25, 2014)

Opinion

CIVIL ACTION NO. 13-2416

11-25-2014

GABRIEL MICHAEL EDWARDS v. DARRELL TURNER

JUDGE TRIMBLE

MAGISTRATE JUDGE KIRK

ORDER

Before the court is Plaintiffs appeal of the ruling of the Magistrate Judge denying his prior motion for appointment of counsel to represent him in the above-captioned suit.¹ The Magistrate Judge denied Plaintiffs motion based upon a finding that the case presents no "exceptional circumstances" which would warrant the appointment of counsel.²

1 R. 30.

2 R. 28.
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The law in the Fifth Circuit is settled that, "[g]enerally speaking, no right to counsel exists in Section 1983 cases." Jackson v. Cain, 864 F.2d 1235, 1242 (5th Cir. 1989). Appointment of counsel in such actions is authorized only in "exceptional circumstances." Archie v. Christian, 812 F.2d 250, 253 (5th Cir. 1987). In Robbins v. Maggio, 750 F.2d 405, 412 (5th Cir. 1985), the court stated that while no comprehensive definition of "exceptional circumstances" has been crafted, the quality of the case and the abilities of the individual bringing it will help determine whether such circumstances are present.

The court has reviewed the entire record in this matter and agrees with the conclusion of the Magistrate Judge. While, as with nearly all civil rights cases filed by inmates, Plaintiff is not a trained attorney, his case does not present uniquely complex issues, nor is there any evidence in his filings before this court that he cannot adequately communicate on his own behalf. If Plaintiff is able to find inmate counsel to assist him, the court will allow the Plaintiff to have inmate counsel with him during the duration of the trial. If Plaintiff is unable to resolve any critical discovery issue, Plaintiff may file a motion for a telephone discovery conference before the Magistrate Judge in order to quickly and efficiently resolve any such issue.

Accordingly, it is hereby

ORDERED that Plaintiffs appeal of the Magistrate Judge's order denying appointment of counsel in this matter is DENIED.

THUS DONE AND SIGNED in chambers at Alexandria, Louisiana this 25^th day of November, 2014.

/s/_________

JAMES T. TRIMBLE, JR.

UNITED STATES DISTRICT JUDGE