David Wooten v. Jackson Co. Detention Center, et al.

• Court: District Court, M.D. Georgia
• Decided: February 23, 2026
• Docket: 3:26-cv-00011
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION

DAVID WOOTEN, : : Plaintiff, : : v. : No. 3:26-cv-00011-TES-CHW : JACKSON CO. DETENTION : CENTER, et al., : PROCEEDINGS UNDER 42 U.S.C. § 1983 : BEFORE THE U.S. MAGISTRATE JUDGE Defendants. :

ORDER Pro se Plaintiff David Wooten, a prisoner at Wilcox State Prison in Abbeville, Georgia, filed a complaint under 42 U.S.C. § 1983. ECF No. 1. Plaintiff seeks leave to proceed in forma pauperis (ECF No. 2) and the appointment of counsel (ECF No. 3). MOTION FOR AN APPOINTED ATTORNEY Plaintiff has motioned this Court to appoint him an attorney. ECF No. 3. A district court “may request an attorney to represent any person unable to afford counsel.”1 28 U.S.C. § 1915(e)(1). There is, however, “no absolute constitutional right to the appointment of counsel” in a § 1983 lawsuit. Poole v. Lambert, 819 F.2d 1025, 1028 (11th Cir. 1987) (per curiam) (citations omitted). Appointment of counsel is “instead a privilege

1 The statute, however, does not provide any funding to pay attorneys for their representation or authorize courts to compel attorneys to represent an indigent party in a civil case. See Mallard v. U.S. Dist. Ct. for S. Dist. of Iowa, 490 U.S. 296, 310 (1989); Taylor v. Pekerol, 760 F. App’x 647, 651 (11th Cir. 2019) (per curiam) (citations omitted) (stating that the district court has no “inherent power” to compel counsel to represent a civil litigant and § 1915(e)(1) provides no such authority). that is justified only by exceptional circumstances, such as where the facts and legal issues are so novel or complex as to require the assistance of a trained practitioner.” Id. (citations

omitted). In determining whether a case presents extraordinary circumstances, the Court considers (1) the type and complexity of the case; (2) whether the plaintiff is capable of adequately presenting his case; (3) whether the plaintiff is in a position to adequately investigate the case; (4) whether the evidence “will consist in large part of conflicting testimony so as to require skill in the presentation of evidence and in cross examination”; and (5) whether the appointment of counsel would be of service to the parties and the court “by sharpening the issues in the case, shaping the examination of witnesses, and thus shortening the trial and assisting in a just determination.” The District Court may also inquire into whether the plaintiff has made any effort to secure private counsel.

DeJesus v. Lewis, 14 F.4th 1182, 1204-05 (11th Cir. 2021) (quoting Ulmer v. Chancellor, 691 F.2d 209, 213 (5th Cir. 1982)). The Court has considered Plaintiff’s motion and—after applying the factors set forth above—concludes that appointed counsel is not justified. Plaintiff has demonstrated the ability to litigate his case, including filing pleadings and motions sufficiently setting out his contentions to allow review by this Court. Plaintiff’s case is not complex. Additionally, at this early stage in the litigation, it is unclear if the case will proceed to trial. Thus, there is no basis to conclude that counsel will be needed for the presentation of evidence or cross examination of witnesses. Plaintiff, “like any other litigant[], undoubtedly would [be] helped by the assistance of a lawyer, but [his] case is not so unusual” that appointed counsel is necessary. Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999). 2 Accordingly, Plaintiff’s motion seeking appointed counsel (ECF No. 3) is DENIED. Should it later become apparent that legal assistance is required in order to

avoid prejudice to Plaintiff’s rights, the Court, on its own motion, will consider assisting him in securing legal counsel at that time. Consequently, there is no need for Plaintiff to file additional requests for counsel. MOTION TO PROCEED IN FORMA PAUPERIS The Court has reviewed Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) and finds it is incomplete. A prisoner or pretrial detainee seeking leave to proceed

without prepayment of the filing fee must submit (1) an affidavit in support of his claim of indigence and (2) “a certified copy of [his] trust fund account statement (or institutional equivalent) . . . for the 6-month period immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(a)(1)-(2). Plaintiff failed to submit a certified copy of his trust fund account statement that has

been signed by a corrections official. Accordingly, Plaintiff is ORDERED to submit a certified copy of his trust fund account statement for the preceding six months that is signed by a corrections official. Plaintiff shall have FOURTEEN (14) DAYS from the date shown on this Order to comply. If Plaintiff does not timely and fully comply with this Order, this action will be dismissed. Plaintiff is further ORDERED to notify the Court

immediately in writing of any change of address and his failure to do so may result in dismissal of this action.

3 The Clerk is DIRECTED to provide Plaintiff with the Court’s standard account certification form for his use in complying with this order.

SO ORDERED and DIRECTED, this 23rd day of February, 2026.

s/ Charles H. Weigle Charles H. Weigle United States Magistrate Judge