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

A Case 1:07-cv-00261-JJF Document 14 ;_iI§j»g_geq_ of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Michael Kevin Hoffman, )
Plaintiff )
)
v. ) Civil Action No. j()7,‘ C U Q G I
)
Carl Danburgf Commissioner! D.O.C.
Thomas Carrol! Warden! Del Corr Ctr __ __ _ ___: » __ ___
Rick Kearney! Warden! Sussec Corr Ctr `I
Robert George! Warden Sussex VOP ,·~- .-__ ____ __ @ I
Correctional Medical Services! Scott Alterman , ) ` ‘ ‘· ·e·- -=-- ~-·-t
Defendantg Etau. ) _ e g
{BUN ? 5 EDU? I
MOTION FOR APPOINTMENT OF COUNSEL ie
Plaintiff Michael K Hoffman pursuant to 28 U.S.C. § 1915, requests this court to appoint ·e ---. W. _
to represent petitioner in the aboveentitled action for the following reasons:
1. The plaintiff is unable to afford counsel.
2. The issues involved in this case are complex.
3. The complaint in this case alleges that the defendant’s subject plaintiff to Violation of
Constitutional Rights! Damages for Injury Caused To Plaintiff ! Due to In Adequate Medical Care For
His Cronic Care Disorder which required medical monitoring and treatment which C.M.S Failed to Treat
Plaintiff with adequate medical care for his hiv Disease which caused him to become into More Severe
Complications. .
4. The plaintiff s allegations, if proved, clearly would establish a constitutional violation. p
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
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 appears to
have merit.

Case 1:07-cv-00261-JJF Document 14 Filed 06/25/2007 Page 2 of_4
6. Plaintiff, is Indigent and without Funds to Obtain Private Counsel To Represent him in this civil
Litigation Matter, 42 USC. 1983 Civil Rights Complaint, P1aintil"l’Is on social security Disability, which -
his Benetits have been Suspended due to this Vop Incarsoration, Plaintiff Depends on Family Support for
every day living Clothing and needs also plaintiff was receiving food stamps for his disability as he is per
Indigent..
For the foregoing reasons, the court should grant the plaintiffs motion and appoint counsel in
this case.
D¤t¤: 6 ~ Q5·&oc>“7
Michael Ke i m ·——l Q
Delaware Correctional Center
1 181 Paddock Road
Smyrna, DE 19977

Case 1:07-cv-00261-JJF Document 14 Filed 06/25/2007 Page 3 of 4
UNITED STATES DISTRICT COURT
DISTRICT OF DELAWARE
Michael Kevin Hoffman! 00426044, )
Plaintiff, )
)
v. ) Civil Action No.
)
Carl Danburg / Commissioner D.O.C.
Thomas Carroll! Warden/ Del Corr Ctr
Rick Kearneyl Warden! Sussex Corr Inst
Robert George / Warden/ Sussex Vop Center
Correctional Medical Services! Scott Alterman, )
Defendant. )
ORDER
IT IS HEREBY ORDERED, THIS DAY OP , 20 , THAT THE
ATTACHED MOTION FOR APPOINTMENT OF COUNSEL HAS BEEN READ AND CONSIDERED. IT IS
ORDERED THAT THE MOTION IS HEREBY .

Case 1:07-cv-00261-JJF Document 14 Filed 06/25/2007 Page 4 of 4
Certificate of Service
I,Michae1 Kevin Hoffman, hereby certify that I have served a true And correct
copies of the attached motion for appointment of counsel upon the following
parties/person (s):
TO: Mr Peter T.Dalleo/ Clerk
United States District Court
District of Delaware
Lock Box 18/ 844 King Street
Wilmington Delaware 19801
TO: Delaware Department Of Justice
820 North French Street
Carvel State Bld
Wilmington Delaware198 O1
TO:
BY PLACING SAME 1N A SEALED ENVELOPE, and depositi 1: .-i» •·e e in the United States Mail at the
Delaware Correctional Center, Smyrna, DE l l _
Michael Kevin K .4 · 044 -.
On this ibday or May,2 0 0 7