Free Motion to Appoint Counsel - District Court of Delaware - Delaware

Case 1:07-cv—00334-JJF Document 9 Filed 05/25/2007 Page 1 of 3
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i IN THE UNITED STATES DISTRICT COURT
I FOR THE DISTRICT OF DELAWARE i
J ohn Folks, U ) l
Plaintiff, ) .
V. i can Action Ne. Q 7 ·» ’5 5 Hi
Thomas Canroll, Warden, g `
Defendant. ) ,
MOTION FOR APPOINTMENT OF COUNSEL i
Plaintiff John Folks pursuant to 28 U.S.C. § 1915, requests this court to appoint counsel to
represent petitioner in the above—entitled action for the following reasons: j
1. The plaintiff is unable to afford coumel.
2. _ The issues involved in this case are complex.
3. The complaint in this case alleges that the defendanfs subject plaintiff to further detention _
4. The plaintiffs allegations, if prov ed, clearly would establish a constitutional violation. i
5. In deciding whether to appoint counsel for an indigent litigant, the court should consider "the
factual complexity of the case, the ability of the indigent to investigate the facts, the existence of
I conflicting testimony, the ability of the indigent to present his claim and the complexity of the legal
issues? In addition, courts have suggested that the most important factor is whether the case app cars to
have merit. I
6. Petitioner is a laymen at law and does not have the slcilis,experience or ability to properly litigate
his case. _
t=¤t. n2
` 2 MAY 25 ZUUT p

Case 1 :07-cv—00334-JJF Document 9 Filed 05/25/2007 Page 2 of 3
'- , Case 1:07-·cv—00334»*** Document 1 Filed 05/25/2007 Page 28 of 31
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— For the foregoing reasons, the court should grant the plaintiffs motion and appoint counsel in
this case. I
..33.1 M
ig I') Jolm Folks t
Delaware Correctional Center __
1181 Paddock Road Q
Smyrna, DE 19977 ‘

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Case 1 :07-cv—00334-JJF Document 9 Filed 05/25/2007 Page 3 of 3
- . Case 'E:07~cv—0033· ‘ UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
John Folks, -)
Plaintiff, ) .
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v. ) Civil Action No.
)
Thomas Carroll, Warden, )
Defendant. ) -
ORDER
IT IS HEREBY ORDERED, TI-IIS DAY OF , 20 , THAT TI-IE
ATTACHED MOTION FOR APPOINTMENT OF COUNSEL HAS BEEN READ AND CONSIDERED. IT IS
ORDERED THAT TI-IE MOTION [S HEREBY - .