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Terrell v. Perry

United States District Court, M.D. Georgia, Macon Division
Mar 22, 2006
No. 5: 06-CV-78 (WDO) (M.D. Ga. Mar. 22, 2006)

Opinion

No. 5: 06-CV-78 (WDO).

March 22, 2006


PROCEEDINGS UNDER 42 U.S.C. § 1983 BEFORE THE U.S. MAGISTRATE JUDGE


ORDER DENYING APPOINTMENT OF COUNSEL

Plaintiff KEITH A. TERRELL has requested this court to provide legal representation for him (Tab #4) in the above-captioned proceeding. Generally speaking, no right to counsel exists in § 1983 actions. Wahl v. McIver, 773 F. 2d 1169, 1174 (11th Cir. 1985); Hardwick v. Ault, 517 F.2d 295, 298 (5th Cir. 1975); Meckdeci v. Merrell National Laboratories, 711 F.2d 1510, 1522 n. 19 (11th Cir. 1983); it is a privilege that is only justified by exceptional circumstances. Fowler v. Jones, 899 F.2d 1088, 1096 (11th Cir. 1990).

Plaintiff's request is premature. Until a response has been filed on behalf of the defendant(s) and the court has a chance to review that response, the circumstances of this case cannot be properly evaluated. Therefore, after receiving the response(s), the court on its own motion will consider assisting plaintiff in securing legal counsel if and when it becomes apparent that legal assistance is required to avoid prejudice to his rights.

Accordingly, plaintiff's motion for appointment of legal counsel (Tab #4) is DENIED.

SO ORDERED.


Summaries of

Terrell v. Perry

United States District Court, M.D. Georgia, Macon Division
Mar 22, 2006
No. 5: 06-CV-78 (WDO) (M.D. Ga. Mar. 22, 2006)
Case details for

Terrell v. Perry

Case Details

Full title:KEITH A. TERRELL, Plaintiff v. WARDEN PERRY, et al., Defendants

Court:United States District Court, M.D. Georgia, Macon Division

Date published: Mar 22, 2006

Citations

No. 5: 06-CV-78 (WDO) (M.D. Ga. Mar. 22, 2006)