Opinion
Case No. 2:04-CV-1051 TS.
August 23, 2005
ORDER
Plaintiff, inmate Larry Kirtland, has filed a pro se civil rights complaint. See 42 U.S.C.S. § 1983 (2005). Plaintiff's application to proceed in forma pauperis has been granted. Plaintiff now moves for appointed counsel and service of process.
The Court first considers the motion for appointed counsel. Plaintiff has no constitutional right to counsel. See Carper v. Deland, 54 F.3d 613, 616 (10th Cir. 1995); Bee v. Utah State Prison, 823 F.2d 397, 399 (10th Cir. 1987). However, the Court may in its discretion appoint counsel for indigent inmates. See 28 U.S.C.S. § 1915(e)(1) (2005); Carper, 54 F.3d at 617; Williams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991). "The burden is upon the applicant to convince the court that there is sufficient merit to his claim to warrant the appointment of counsel." McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985).
When deciding whether to appoint counsel, the district court should consider a variety of factors, "including `the merits of the litigant's claims, the nature of the factual issues raised in the claims, the litigant's ability to present his claims, and the complexity of the legal issues raised by the claims.'" Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995) (quoting Williams, 926 F.2d at 996); accord McCarthy, 753 F.2d at 838-39. Considering the above factors, the Court concludes here that (1) it is not clear at this point that Plaintiff has asserted a colorable claim; (2) the issues in this case are not complex; and (3) Plaintiff is not incapacitated or unable to adequately function in pursuing this matter. Thus, the Court denies for now Plaintiff's motion for appointed counsel.
The Court next denies Plaintiff's motion for service of process. This motion is unnecessary because Plaintiff is proceeding in forma pauperis. See 28 U.S.C.S. § 1915 (2005). In such cases, "[t]he officers of the court shall issue and serve all process, and perform all duties in such cases." See id. § 1915(d). The Court will screen Plaintiff's amended complaint at its earliest convenience and determine whether to dismiss it or order it to be served upon Defendants. See id. § 1915A. Plaintiff need do nothing to trigger this process.
IT IS HEREBY ORDERED that:
(1) Plaintiff's request for appointed counsel is denied; however, if, after the case is screened, it appears that counsel may be needed or of specific help, the Court will ask an attorney to appear pro bono on Plaintiff's behalf.
(2) Plaintiff's motion for service of process is denied; however, if, after the case is screened, it appears that this case has merit and states a claim upon which relief may be granted, the Court will order service of process.