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Sweat v. City of Las Cruces

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
May 14, 2015
No. 15-cv-0226 RB/SMV (D.N.M. May. 14, 2015)

Opinion

No. 15-cv-0226 RB/SMV

05-14-2015

ALREE B. SWEAT III, Plaintiff, v. CITY OF LAS CRUCES, JAIME MONTOYA, MIRANDA BAKER, PAUL LUJAN, and FNU SANCHEZ, Defendants.


ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL

THIS MATTER is before the Court on Plaintiff's Motion for Appointment of Counsel [Doc. 13], filed on May 11, 2015. Plaintiff is incarcerated and proceeding pro se in this 42 U.S.C. § 1983 action. He reports that he has limited access to the law library, that he lacks knowledge of the law, and that his incarceration presents difficulties in litigating his claim. [Doc. 13] at 1.

However, United States District Courts lack the authority to appoint counsel to represent indigent prisoners in § 1983 cases. Mallard v. United States Dist. Court, 490 U.S. 296, 298 (1989). In certain exceptional circumstances, a court may request the voluntary assistance of counsel pursuant to 28 U.S.C. § 1915(e)(1). In deciding whether to request voluntary assistance of counsel, courts should consider "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) (internal quotation marks omitted). Ultimately, the burden is on the plaintiff "to convince the court that there is sufficient merit to his claim to warrant [a request for voluntary assistance] of counsel." Hill v. Smithkline Beecham Corp., 393 F.3d 1111, 1115 (10th Cir 2004) (internal quotation marks omitted).

The Court is not convinced that there is sufficient merit or complexity in Plaintiff's claims to warrant requesting the voluntary assistance of counsel. Moreover, thus far, Plaintiff has been adequately presenting his claims.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that Plaintiff's Motion for Appointment of Counsel [Doc. 13] is DENIED at this time;

IT IS SO ORDERED.

/s/ _________

STEPHAN M. VIDMAR

United States Magistrate Judge


Summaries of

Sweat v. City of Las Cruces

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO
May 14, 2015
No. 15-cv-0226 RB/SMV (D.N.M. May. 14, 2015)
Case details for

Sweat v. City of Las Cruces

Case Details

Full title:ALREE B. SWEAT III, Plaintiff, v. CITY OF LAS CRUCES, JAIME MONTOYA…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

Date published: May 14, 2015

Citations

No. 15-cv-0226 RB/SMV (D.N.M. May. 14, 2015)