King v. Wexford Health Sources, Inc.

S.D. Alabama

King v. Wexford Health Sources, Inc.

DecidedAugust 6, 2024

Docket1:23-cv-00147

StatusUnknown

This text of King v. Wexford Health Sources, Inc. (King v. Wexford Health Sources, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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King v. Wexford Health Sources, Inc., (S.D. Ala. 2024).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

STEVEN D. KING, ) AIS# 134091 ) ) Plaintiff, ) ) vs. ) CIV. A. NO. 23-00147-TFM-N ) WEXFORD HEALTH SOURCES, ) INC., et al., ) ) Defendants. ) ORDER

Before the Court are Plaintiff Steven D. King’s Motions for Appointment of Attorney. (Docs. 13, 40). Plaintiff’s motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) for appropriate action. (Doc. 3). For the reasons stated below, and at this time, Plaintiff’s motions for appointment of counsel are DENIED. In a § 1983 action, as in any civil action, “[a] plaintiff … has no constitutional right to counsel.” McDaniels v. Lee, 405 F. App’x 456, 457 (11th Cir. 2010) (internal quotation marks and citation omitted). “A court may, however, pursuant to 28 U.S.C. § 1915(e)(1), appoint counsel for an indigent plaintiff.” Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999 “[I]n deciding whether to appoint counsel, the district court has broad discretion and should appoint counsel only in exceptional circumstances.” Lamar v. Wells Fargo Bank, 597 F. App’x 555, 557 (11th Cir. 2014) (citing Bass, 170 F.3d at 1320). In Lamar, the Eleventh Circuit listed several factors that should be considered by the district court when determining whether exceptional circumstances exist: “(1) the type and complexity of the case; (2) whether the indigent is capable of adequately presenting his case; (3) whether the indigent is in a position to adequately investigate the case; and (4) whether the evidence will consist in large part of incidents the indigent witnessed herself.” 597 F. App’x at 558. Here, Plaintiff has not established that his case, factually or legally, is too complex for him to prosecute at this stage of litigation. The undersigned finds Plaintiff has not shown exceptional circumstances justifying the appointment of counsel. Therefore, in exercising its

discretion, the Court DENIES Plaintiff’s motions. DONE and ORDERED this the 6th day of August, 2024.

/s/ KATHERINE P. NELSON_____________ UNITED STATES MAGISTRATE JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

STEVEN D. KING, ) AIS# 134091 ) ) Plaintiff, ) ) vs. ) CIV. A. NO. 23-00147-TFM-N ) WEXFORD HEALTH SOURCES, ) INC., et al., ) ) Defendants. ) ORDER

Before the Court are Plaintiff Steven D. King’s Motions for Appointment of Attorney. (Docs. 13, 40). Plaintiff’s motion has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) for appropriate action. (Doc. 3). For the reasons stated below, and at this time, Plaintiff’s motions for appointment of counsel are DENIED. In a § 1983 action, as in any civil action, “[a] plaintiff … has no constitutional right to counsel.” McDaniels v. Lee, 405 F. App’x 456, 457 (11th Cir. 2010) (internal quotation marks and citation omitted). “A court may, however, pursuant to 28 U.S.C. § 1915(e)(1), appoint counsel for an indigent plaintiff.” Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999 “[I]n deciding whether to appoint counsel, the district court has broad discretion and should appoint counsel only in exceptional circumstances.” Lamar v. Wells Fargo Bank, 597 F. App’x 555, 557 (11th Cir. 2014) (citing Bass, 170 F.3d at 1320). In Lamar, the Eleventh Circuit listed several factors that should be considered by the district court when determining whether exceptional circumstances exist: “(1) the type and complexity of the case; (2) whether the indigent is capable of adequately presenting his case; (3) whether the indigent is in a position to adequately investigate the case; and (4) whether the evidence will consist in large part of incidents the indigent witnessed herself.” 597 F. App’x at 558. Here, Plaintiff has not established that his case, factually or legally, is too complex for him to prosecute at this stage of litigation. The undersigned finds Plaintiff has not shown exceptional circumstances justifying the appointment of counsel. Therefore, in exercising its

discretion, the Court DENIES Plaintiff’s motions. DONE and ORDERED this the 6th day of August, 2024.

/s/ KATHERINE P. NELSON_____________ UNITED STATES MAGISTRATE JUDGE

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