Smith v. Nichols

Full title: TOMMIE L. SMITH, Plaintiff, v. VIRGIL NICHOLS, Colorado Department of…

Court: United States District Court, D. Colorado

Date published: Oct 22, 2009

Civil Action No. 09-cv-01139-MSK-BNB (D. Colo. Oct. 22, 2009)

Opinion

Civil Action No. 09-cv-01139-MSK-BNB.

October 22, 2009

ORDER

BOYD BOLAND, Magistrate Judge

This matter arises on two motions (the "Motions") filed by the plaintiff:

1. Request to be Place [sic] on a U.S. Pro Bono List [Doc. #44, filed 10/05/2009], and

2. Appointment of Counsel [Doc. #49, filed 10/09/2009].

The plaintiff requests that the court either place him on a list to receive volunteer counsel or appoint counsel to represent him in this matter. 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 Motions are DENIED.