Hernandez v. Soares

Full title: EDMUNDO HERNANDEZ, Plaintiff, v. RICHARD SOARES, TIM SMELSER, and TREVOR…

Court: United States District Court, D. Colorado

Date published: Jan 30, 2006

Civil Action No. 02-cv-01495-MSK-BNB (D. Colo. Jan. 30, 2006)

Opinion

Civil Action No. 02-cv-01495-MSK-BNB.

January 30, 2006

ORDER

BOYD BOLAND, Magistrate Judge

This matter is before me on the plaintiff's Memorandum of Law in Support of the Plaintiffs [sic] Motion Requesting Court to Appoint Plaintiff Counsel Pursuant to 28 U.S.C. § 1915(d), filed January 26, 2006. I construe the Memorandum as a motion for appointment of counsel.

The plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915 in a prisoner's civil rights case. Counsel cannot be appointed and paid pursuant to 28 U.S.C. § 1915(e)(1) for this type of case. I do, however, have broad discretion to direct the Clerk of the Court to attempt to obtain volunteer counsel for a plaintiff in a civil case. See DiCesare v. Stuart, 12 F.3d 973, 979 (10^th Cir. 1993). In making this decision, I consider the following factors: (1) the merits of the litigant's claims, (2) the nature of the factual issues raised in the claims, (3) the litigant's ability to present his claims, and (4) the complexity of legal issues raised by the claims. See Rucks v. Boergermann, 57 F.3d 978, 979 (10^th Cir. 1995).

Here, the plaintiff's Complaint adequately presents his claims. The factual and legal issues raised by the plaintiff's claims are not complex. In addition, the allegations of the Complaint do not convince me that the plaintiff's chances of succeeding on the merits are strong.

IT IS FURTHER ORDERED that the Motion is DENIED.