Opinion
Civil Action 18-cv-01962-RM-MDB
08-11-2023
KIM MILLBROOK, Plaintiff, v. UNITED STATES OF AMERICA, SPITZ, Assistant Warden, MURTON, Lieutenant, COLLINS, Correctional Officer, and COCHRAN, Correctional Officer, in their individual and official capacities, Defendants.
APPOINTMENT ORDER
MARITZA DOMINGUEZ BRASWELL, UNITED STATES MAGISTRATE JUDGE
It is hereby ORDERED that Plaintiff's Motion for Appointment of Counsel (Doc. No. 224), referred to this Court by Judge Raymond P. Moore on June 6, 2023, (Doc. No. 226), is GRANTED.
In accordance with D.C.COLO.LAttyR 15 of the U.S. District Court's Local Rules, the Court hereby determines that Plaintiff Kim Millbrook merits appointment of counsel drawn from the Civil Pro Bono Panel. The Court is satisfied that the following factors and considerations, as set forth in D.C.COLO.LAttyR 15(f)(1)(B) have been met:
1) the nature and complexity of the action;
2) the potential merit of the claims or defenses of the unrepresented party;
3) the inability of the unrepresented party to retain an attorney by other means; and
4) the degree to which the interests of justice, including the benefits to the court, will be served by appointment of counsel.
The United States acknowledges that this case will go to trial. Therefore, if a lawyer were to take the case, they would likely go to trial in federal court.
Accordingly, it is ORDERED that pursuant to D.C.COLO.LAttyR 15(f)(2), the Clerk shall select, notify, and appoint counsel to represent the unrepresented party in this civil matter. The Plaintiff is advised that the Clerk will select counsel from the Panel; however, there is no guarantee that Panel members will undertake representation in every case. The Court cautions Plaintiff that he remains responsible for all scheduled matters, including hearings, depositions, motions and trial.
The Clerk is directed to send a copy of this Order to Plaintiff:
Kim Millbrook, #13700-026
Florence ADMAX
U.S. Penitentiary
Inmate Mail/Parcels
PO Box 8500
Florence, CO 81226