Reado v. Texas General Land Office

929 F. Supp. 1046, 1996 U.S. Dist. LEXIS 8881, 1996 WL 354685
CourtDistrict Court, E.D. Texas
DecidedMay 28, 1996
DocketNo. 1:95-MC-71
StatusPublished
Cited by1 cases

This text of 929 F. Supp. 1046 (Reado v. Texas General Land Office) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Reado v. Texas General Land Office, 929 F. Supp. 1046, 1996 U.S. Dist. LEXIS 8881, 1996 WL 354685 (E.D. Tex. 1996).

Opinion

MEMORANDUM ORDER ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND OVERRULING PLAINTIFF’S OBJECTIONS

COBB, District Judge.

I. Nature of the Case

Plaintiff, a former employee at a local division of the Texas General Land Office, seeks to bring suit pursuant to 42 U.S.C. § 2000e-2(a) and 29 U.S.C. § 623(a)(1), claiming that his termination from that state agency was prompted by race and age discrimination.

Plaintiff on December 13, .1995 moved to proceed in forma pauperis and for appointment of counsel in connection with these employment discrimination claims. These motions were referred to United States Magistrate Judge, Earl S. Hines for hearing and issuance of a report and recommendation pursuant to general order and 28 U.S.C. § 636(b)(1). The magistrate judge convened a hearing on March 19, 1996 to receive evidence in connection with these motions.

II. Magistrate Judge’s Report

On April 24, 1996 the magistrate judge entered a report recommending that the motion to proceed informa pauperis be granted and the motion for appointment of counsel be denied. In analyzing plaintiffs second motion, the magistrate judge’s report examined four factors: plaintiffs ability to present his case, plaintiffs efforts to secure counsel, plaintiffs financial ability to retain counsel, and the merits of plaintiffs case. Evidence pertinent to each of these factors was received by the magistrate judge.

Plaintiff timely filed written objections to the magistrate judge’s recommended disposition of the motion for appointment of counsel. Plaintiffs objections consist, in essence, of a general disagreement with the recommendation that the motion for appointment of counsel be denied. Typically, when a party files an objection the a magistrate judge’s recommendation, the district judge to whom the case is assigned is obligated to conduct a de novo review of the recommendation. 28 U.S.C. § 636(b)(1)(C); Fed.R.Civ.P. 72(b). However, given the general and conclusory nature of the objections filed in this matter, it is arguable whether the need for de novo review has been triggered. Nettles v. Wainwright, 677 F.2d 404, 410 n. 8 (5th Cir.1982), overruled in part by Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415 (5th Cir. 1996) (en banc). Nevertheless, in an abundance of caution the' court has considered de [1048]*1048novo plaintiff’s motion for appointment of counsel.

III.Plaintiffs Objections

Plaintiffs argues that defendant will undoubtedly be represented by licensed legal counsel and that his own case would be better presented by an attorney. Plaintiff states that his financial resources are extremely limited, but notes that he would be willing to enter into a one-third contingency agreement with appointed counsel. Plaintiff states that his search for a lawyer has been hampered by a dearth of attorneys handling employment law claims in the local area.

IV.Discussion

There is no automatic right to appointed counsel in a Title VII case. Rather, appointment of counsel is discretionary with the trial court. Johnson v. United States Dep’t of the Treasury, 939 F.2d 820, 824 (9th Cir.1991); Gonzalez v. Carlin, 907 F.2d 573, 579 (5th Cir.1990); Poindexter v. FBI, 737 F.2d 1173, 1183 (D.C.Cir.1984); Caston v. Sears, Roebuck & Co., 556 F.2d 1305, 1309 (5th Cir.1977).

Plaintiff reasons that his case might proceed more smoothly with assistance of licensed legal counsel. Yet he does not otherwise assert that the magistrate judge’s analyses of the factors governing motions for appointment of counsel were in error. For example, he does not challenge the summary of his academic and professional qualifications contained in the April 24, 1996 report. The magistrate judge found plaintiffs academic and vocational background to counsel against the appointment of an attorney. Moreover, while plaintiff asserts that he has “made mistakes in presenting this cause in the court,” plaintiff does not specify what mistakes he is referring to. Whatever they may be, it does not appear on this record that plaintiffs pro se representation has in any way compromised his claims or prejudiced his case. Plaintiff also fails to contest the magistrate judge’s analysis of the apparent merits of his claims.

The court is mindful of the fact that in determining a motion for appointment of counsel, it must consider the unfairness of imposing involuntary servitude upon a member of the bar when the likelihood of success appears slight. Tatum v. Community Bank, 866 F.Supp. 988 (E.D.Tex.1994). Upon de novo weighing of the relevant factors, the court is of the opinion that the magistrate judge’s recommended disposition was correct.

Despite plaintiffs inability to locate a suitable employment lawyer to date plaintiff may redouble his efforts to secure such counsel on a contingency fee basis, given his statement that such an arrangement would be accept able to him.

V.Conclusion

Accordingly, plaintiffs objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED.

It is therefore ORDERED that plaintiffs motion to proceed in forma pauperis is GRANTED. It is further

ORDERED and ADJUDGED that plaintiff is GRANTED a reasonable period of time, up to and including July 1, 1996, within which to file his Title VII complaint on a pro se basis or through privately retained counsel, if he wishes to proceed. It is further

ORDERED that plaintiffs motion for appointment of counsel is DENIED.

REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RE: MOVANTS MOTIONS TO PROCEED IN FORMA PAUPERIS AND FOR APPOINTMENT OF COUNSEL

HINES, United States Magistrate Judge.

Pending are movant’s December 13, 1995 motions to proceed in forma pauperis and for appointment of counsel. These motions were referred to the undersigned United States Magistrate Judge for hearing and issuance of a report recommending disposition.

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Bluebook (online)
929 F. Supp. 1046, 1996 U.S. Dist. LEXIS 8881, 1996 WL 354685, Counsel Stack Legal Research, https://law.counselstack.com/opinion/reado-v-texas-general-land-office-txed-1996.