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Stuart v. Advanced Corr. Care

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Jul 6, 2017
Case No. 16-3097-DDC-DJW (D. Kan. Jul. 6, 2017)

Opinion

Case No. 16-3097-DDC-DJW

07-06-2017

JOE C. STUART, JR., Plaintiff, v. ADVANCED CORRECTIONAL CARE, et al., Defendants.


ORDER

The matter before the Court is on Plaintiff's Motion to Appoint Counsel (Doc. 64). There is no constitutional right to appointment of counsel in a civil case. Durre v. Dempsey, 869 F.2d 543, 547 (10 Cir. 1989); Carper v. Deland, 54 F.3d 613, 616 (10th Cir. 1995). The decision whether to appoint counsel in a civil matter lies in the discretion of the district court. Williams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991). "The burden is on the applicant to convince the court that there is sufficient merit to his claim to warrant the appointment of counsel." Steffey v. Orman, 461 F.3d 1218, 1223 (10 Cir. 2006)(citing Hill v. SmithKline Beecham Corp., 393 F.3d 1111, 1115 (10th Cir. 2004). It is not enough "that having counsel appointed would have assisted [the prisoner] in presenting his strongest possible case, [as] the same could be said in any case." Steffey, 461 F.3d at 1223 (citing Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995). In deciding whether to appoint counsel, the district court should consider "the merits of the prisoner's claims, the nature and complexity of the factual and legal issues, and the prisoner's ability to investigate the facts and present his claims." Rucks, 57 F.3d at 979; Hill, 393 F.3d at 1115.

Considering the above factors, the Court concludes in this case that (1) it is not clear at this juncture that Plaintiff has asserted a colorable claim; (2) the issues are not complex; and (3) Plaintiff appears capable of adequately presenting facts and arguments. Accordingly, the Court denies Plaintiff's motions to appoint counsel at this time. However, this denial is without prejudice. If it becomes apparent that appointed counsel is necessary as this case further progresses, Plaintiff may renew his motion.

IT IS THEREFORE ORDERED BY THE COURT that Plaintiff's Motion to Appoint Counsel (Doc. 64) is denied without prejudice.

Dated July 6, 2017, at Kansas City, Kansas.

s/ David J. Waxse

David J. Waxse

U.S. Magistrate Judge


Summaries of

Stuart v. Advanced Corr. Care

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS
Jul 6, 2017
Case No. 16-3097-DDC-DJW (D. Kan. Jul. 6, 2017)
Case details for

Stuart v. Advanced Corr. Care

Case Details

Full title:JOE C. STUART, JR., Plaintiff, v. ADVANCED CORRECTIONAL CARE, et al.…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

Date published: Jul 6, 2017

Citations

Case No. 16-3097-DDC-DJW (D. Kan. Jul. 6, 2017)