Ricks v. Department of Justice

• Court: District Court, E.D. Louisiana
• Decided: March 20, 2025
• Docket: 2:25-cv-00364
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

WESLEY SINCLAIR RICKS CIVIL ACTION VERSUS NO. 25-0364 DEPT. OF JUSTICE, ET AL. SECTION “E” (2)

ORDER AND REASONS Plaintiff Wesley Sinclair Ricks filed a motion (ECF No. 8) seeking appointment of counsel to assist him in this in forma pauperis civil rights action under 42 U.S.C. § 1983, in which he challenges the defendants’ joinder of his capital and non-capital offenses and failure to reverse his criminal conviction and sentence. ECF No. 5 at 5-6. His motion indicates that he is unable to afford counsel and has made efforts to obtain counsel but was declined. ECF No. 8 at 1. Section 3(d) of the April 22, 2014 Resolution of the En Banc Court (permanently adopted on October 5, 2016) provides: “In cases filed by prisoners, counsel may not be appointed from the Panel until the Magistrate Judge has determined that the case should proceed beyond the screening process required in 28 U.S.C. § 1915A.” The court is currently conducting its statutory frivolousness review of Ricks’ complaint pursuant to 28 U.S.C. § 1915A, § 1915(e)(2), and 42 U.S.C. § 1997e(c), as applicable. As part of that review, the court also may schedule a Spears1 hearing to further develop the facts alleged in the complaint. Only after completion of the required screening process will this court be in a position to assess whether “exceptional circumstances”2 exist to warrant appointment of counsel in this proceeding. Therefore, at this time, Ricks’ request for appointment of counsel is premature. Accordingly,

1 Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), overruled on other grounds by Neitzke v. Williams, 490 U.S. 319 (1989); see also Wilson v. Barientos, 926 F.2d 480, 482 (5th Cir. 1991) (discussing purpose of Spears hearing). 2 There is no automatic right to appointment of counsel in a civil rights case so the court may not appoint counsel as IT IS ORDERED that Wesley Sinclair Ricks’ Motion for Appointment of Counsel (ECF No. 8) is DENIED without prejudice to his right to re-urge his request after completion of the statutorily mandated screening review. New Orleans, Louisiana, this _20th_ day of March, 2025.

Loranl aly [wai DONWA PHILLIPS CURRAULT UNITED STATES MAGISTRATE JUDGE

a matter of course or ordinary practice. Baranowski v. Hart, 486 F.3d 112, 126 (Sth Cir. 2007) (citing Castro Romero v. Becken, 256 F.3d 349, 353-54 (Sth Cir.2001)); see also Hadd v. LSG-Sky Chefs, 272 F.3d 298, 301 (Sth Cir. 2001); Castro v. Becken, 256 F.3d 349, 353-54 (Sth Cir. 2001). Rather, in civil rights cases, counsel should be appointed only upon a showing of “exceptional circumstances” based on a consideration of the type and complexity if the case, the litigant’s ability to investigate and present the case adequately, and the level of skill required to present the evidence. Norton v. DiMazana, 122 F.3d 286, 293 (Sth Cir. 1997); Ulmer v. Chancellor, 691 F.2d 209, 213 (Sth Cir. 1982); Romero, 486 F.3d at 354; see also Parker v. Carpenter, 978 F.2d 190, 193 (Sth Cir. 1992). In addition, the court should consider whether appointment would be a service to the court and all parties in the case by “sharpening the issues... ., shaping the examination of witnesses, and thus shortening the trial and assisting in a just determination.” Ulmer, 691 F.2d at 213.