Ramos v. Owens

Full title: FIDEL G. RAMOS, Plaintiff, v. BILL OWENS, Governor Chief Executive…

Court: United States District Court, D. Colorado

Date published: Nov 7, 2007

Civil Action No. 07-cv-01073-WYD-BNB (D. Colo. Nov. 7, 2007)

Opinion

Civil Action No. 07-cv-01073-WYD-BNB.

November 7, 2007

ORDER

BOYD BOLAND, Magistrate Judge

This matter is before me on the plaintiff's Motion Requesting Appointment of Counsel/or/Alternative [sic] to Assist Plaintiff in the Response of Defendant's Opening Brief that is Due to be Filed on October 7, 2007 [Doc. #36, filed 10/30/07] (the "Motion"). The plaintiff seeks appointment of counsel to assist him in this matter.¹

1 The plaintiff does not seek an extension of time to file his response to the defendants' motion to dismiss; he seeks only 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. Consequently,

IT IS ORDERED that the Motion is DENIED.