Nicholson v. Yellen

• Court: District Court, D. Utah
• Decided: May 30, 2024
• Docket: 1:24-cv-00090
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH NORTHERN DIVISION

JASON NICHOLSON, MEMORANDUM DECISION AND ORDER DENYING WITHOUT Plaintiff, PREJUDICE MOTION FOR APPOINTMENT OF COUNSEL v. (DOC. NO. 6)

JANET L. YELLEN, Secretary of the Case No. 1:24-cv-00090 Treasury, Magistrate Judge Daphne A. Oberg Defendant.

Plaintiff Jason Nicholson filed this action without an attorney and in forma pauperis (without paying the filing fee).1 Mr. Nicholson now moves for appointment of counsel.2 Because Mr. Nicholson does not provide a reason for his request, the motion is denied without prejudice. While defendants in criminal cases have a constitutional right to representation by an attorney,3 “[t]here is no constitutional right to appointed counsel in a civil case.”4 Appointment of counsel in civil cases is left to the court’s discretion.5 Indigent parties in

1 (See Order Granting Mot. to Proceed in Forma Pauperis, Doc. No. 4; Compl., Doc. No. 5.) 2 (Mot. for Appointment of Counsel, Doc. No. 6.) 3 See U.S. Const. amend. VI; Fed. R. Crim. P. 44. 4 Durre v. Dempsey, 869 F.2d 543, 547 (10th Cir. 1989). 5 Shabazz v. Askins, 14 F.3d 533, 535 (10th Cir. 1994). civil cases may apply for the appointment of counsel under 28 U.S.C. § 1915(e)(1), which allows a court to “request an attorney to represent any person unable to afford counsel.” The applicant has the burden to convince the court his/her/their claim has enough merit to warrant appointment of counsel. When deciding whether to appoint counsel, the court considers a variety of factors, including “the merits of the litigant’s claims, the nature of the factual issues raised in the claims, the litigant’s ability to present [the] claims, and the complexity of the legal issues raised by the claims.”” Mr. Nicholson asks the court to appoint counsel but states no reason or basis for the request, other than that he has been granted leave to proceed in forma pauperis. As outlined above, this is insufficient to warrant appointment of counsel in a civil case. Accordingly, the court DENIES Mr. Nicholson’s motion for appointment of counsel® without prejudice.® DATED this 30th day of May, 2024. BY THE COURT: Caples ob Clog United States Magistrate Judge

6 McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985). Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995) (internal quotation marks omitted). 8 (Doc. No. 6.) Because the motion is denied without prejudice, Mr. Nicholson may file a new motion explaining why, under the factors outlined above, his case warrants the appointment of counsel.