Free Order - District Court of Colorado - Colorado

Case 1:01-cv-01315-REB-CBS

Document 130

Filed 03/01/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 01-cv-01315-REB-CBS LEONARD BALDAUF, Plaintiff, v. JOHN HYATT, et al., Defendants.

ORDER

Magistrate Judge Craig B. Shaffer This civil action comes before the court on Mr. Baldauf's " Renewed Motion for Counsel"(filed February 9, 2007) (doc. # 123) and confirmed in open court during the hearing held on March 1, 2007. Pursuant to the Order of Reference dated October 23, 2001 (doc. # 14), this civil action was referred to the Magistrate Judge to, inter alia, " [h]ear and determine pretrial matters, including discovery and other non-dispositive motions . . . ." The court has considered the Motion, the entire case file, and the applicable law and is sufficiently advised in the premises. While indigent civil litigants have no constitutional or statutory right to be represented by a lawyer, Merritt v. Faulkner, 697 F.2d 761, 763 (7th Cir. 1983), in its discretion the court " may request an attorney to represent any person unable to afford counsel." 28 U.S.C. § 1915(e)(1). The court may request counsel for Mr. Baldauf by placing this case on a list of cases for which counsel

1

Case 1:01-cv-01315-REB-CBS

Document 130

Filed 03/01/2007

Page 2 of 2

may choose to volunteer.1 Accordingly, IT IS ORDERED that: 1. Mr. Baldauf's " Renewed Motion for Counsel"(filed February 9,

2007) (doc. # 123) and confirmed in open court during the hearing held on March 1, 2007 is GRANTED. 2. The court requests that the Clerk of the Court place this case

on the list of cases for which counsel may choose to volunteer. 3. Mr. Baldauf is reminded that this Order does not guarantee that a

lawyer will volunteer to represent him. Mr. Baldauf must proceed pro se as necessary.

DATED at Denver, Colorado, this 1st day of March, 2007.

BY THE COURT:

s/Craig B. Shaffer United States Magistrate Judge

On February 25, 2004, Mr. Baldauf's Civil Action No. 03-cv-01104-REBCBS was placed on the list for which counsel may volunteer. To date, no one has volunteered to represent Mr. Baldauf in that case. 2

1