Davis v. Isabell

Opinion

UNITED STATES DISTRICT COURT September 27, 2023 SOUTHERN DISTRICT OF TEXAS Nathan Ochsner, Clerk HOUSTON DIVISION

TERRANCE DAVIS, § § Plaintiff, § § VS. § Civil Case No. 4:22-CV-03042 § WANDA ISBELL, VIRGINIA LOVELL, § ADRIAN AMONETT and CMHC-UTMB, § § Defendants. §

ORDER DENYING MOTIONS TO APPOINT COUNSEL Terrance Davis, an inmate in the Texas Department of Criminal Justice, filed a lawsuit alleging violations of his civil rights. Davis has also filed two motions for the appointment of counsel. A civil rights plaintiff has no automatic right to the appointment of counsel. See Hulsey v. State of Texas, 929 F.2d 168, 172-73 (5th Cir. 1991) (citing Freeze v. Griffith, 849 F.2d 172, 175 (5th Cir. 1988); Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir. 1982)). The appointment of counsel is not required unless a case presents exceptional circumstances. See Hulsey, 929 F.2d at 173 (citing Ulmer, 691 F.2d at 212-13). Davis’s motions state that Davis is an indigent inmate. These circumstances are common, not exceptional. Because Davis does not identify any exceptional circumstances, his motions for appointment of counsel (Dkt. Nos. 4 and 18) are DENIED. The Court will appoint counsel on its own motion at a later date if it determines that such appointment is appropriate. It is SO ORDERED. Signed on September 26, 2023.

DREW B. TIPTON UNITED STATES DISTRICT JUDGE