Free Order on Motion to Appoint Counsel - District Court of Colorado - Colorado

Case 1:04-cv-01271-EWN-BNB

Document 305

Filed 04/13/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Magistrate Judge Boyd N. Boland Civil Action No. 04-cv-01271-EWN-BNB PATRICK M. HAWKINSON, Plaintiff, v. JAMES A. MONTOYA, individually, R. LYNN KEENER, ROBERT SCRANTON, in their individual and official capacities, and ESTATE OF OPAL WILSON, Defendants.

ORDER

This matter is before me on the Plaintiff' Renewed Motion to Appoint Counsel [Doc. s #292, filed 4/2/07] (the " Motion" The plaintiff seeks appointment of counsel to represent him in ). this matter. The plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915 in a prisoner' s civil rights case. Counsel cannot be appointed and paid pursuant to 28 U.S.C. § 1915(e)(1) for this type of case. I do, however, have broad discretion to direct the Clerk' Office to attempt to s obtain volunteer counsel for a plaintiff in a civil case. See DiCesare v. Stuart, 12 F.3d 973, 979 (10th Cir. 1993). In making this decision, I consider the following factors: (1) the merits of the litigant' claims, (2) the nature of the factual issues raised in the claims, (3) the litigant' ability to s s present his claims, and (4) the complexity of legal issues raised by the claims. See Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995).

Case 1:04-cv-01271-EWN-BNB

Document 305

Filed 04/13/2007

Page 2 of 2

This case appears to be headed to trial, and the plaintiff requires that assistance of counsel to conduct the trial. IT IS ORDERED that the plaintiff' Motion is GRANTED. The Clerk of the Court is s requested to attempt to obtain a lawyer to handle this matter for no fee. The plaintiff is advised that unless and until a volunteer lawyer is obtained, he remains responsible to fulfill all obligations imposed under the local and federal rules of this Court. Dated April 13, 2007. BY THE COURT: s/ Boyd N. Boland United States Magistrate Judge

2