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

Case 1:04-cv-00731-PSF-BNB

Document 58

Filed 07/29/2005

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-00731-PSF-BNB CLINTON TEAGUE, Plaintiff, v. UNITED STATES GOVERNMENT, J. JOHNSON, R. HOOD, Warden, D. DUNCAN, Associate Warden, P. LEE, P. SHAFFER, and L. SMITH, Defendants. ______________________________________________________________________________ ORDER ______________________________________________________________________________ This matter is before me on the plaintiff' Motion for the Appointment of Counsel (the s " Motion" filed October 18, 2004. 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' civil rights case. Counsel cannot be appointed and paid pursuant to 28 U.S.C. § s 1915(e)(1) for this type of case. I do, however, have broad discretion to direct the Clerk of the Court to attempt to 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 s claims, (3) the litigant' ability to present his claims, and (4) the complexity of legal issues s

Case 1:04-cv-00731-PSF-BNB

Document 58

Filed 07/29/2005

Page 2 of 2

raised by the claims. See Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995). Here, the plaintiff' Complaint adequately presents his claims. The factual and legal s issues raised by the plaintiff' claims are not complex. In addition, the allegations of the s Complaint do not convince me that the plaintiff' chances of succeeding on the merits are strong. s Indeed, I have issued a separate Recommendation wherein I recommend dismissal of this case based on sovereign immunity and failure to exhaust administrative remedies. Consequently, IT IS ORDERED that the Motion is DENIED. Dated July 29, 2005. BY THE COURT: /s/ Boyd N. Boland United States Magistrate Judge

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