Summers v. Department of Corrections

D. New Mexico

Summers v. Department of Corrections

DecidedJanuary 13, 2020

Docket1:19-cv-00476

StatusUnknown

This text of Summers v. Department of Corrections (Summers v. Department of Corrections) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Summers v. Department of Corrections, (D.N.M. 2020).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO LESLIE SUMMERS, Plaintiff, VS. No. CV 19-00476 JCH/KBM STATE OF NEW MEXICO, Defendant.

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL THIS MATTER is before the Court on the Motion for Appointment of Counsel filed by Plaintiff Leslie Summers (Doc. 6). The Court will deny the Motion. There is no right to appointment of counsel in a civil rights case. Instead, the decision whether to request assistance of counsel rests in the sound discretion of the Court. Beaudry v. Corrections Corp. of America, 331 F.3d 1164, 1169 (10th Cir.2003); MacCuish v. United States, 844 F.2d 733, 735 (10th Cir.1988). In determining whether to appoint counsel, the district court should consider the merits of the litigant's claims, the nature and complexity of the factual and legal issues, and the litigant's ability to investigate the facts and to present his claims. Hill v. SmithKline Beecham Corp., 393 F.3d 1111, 1115 (0th Cir.2004). The Court has reviewed the complaint and subsequent filings in light of the foregoing factors. Plaintiff appears to understand the issues in the case and to be representing himself in an intelligent and capable manner. See Lucero v. Gunter, 52 F.3d 874, 878 (10th Cir. 1995). Accordingly, the Court will deny the Motion for Appointment of Counsel. IT IS ORDERED that the Motion for Appointment of Counsel filed by Plaintiff Leslie Summers (Doc. 6) is DENIED.

ae A JUDGE

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO LESLIE SUMMERS, Plaintiff, VS. No. CV 19-00476 JCH/KBM STATE OF NEW MEXICO, Defendant.

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL THIS MATTER is before the Court on the Motion for Appointment of Counsel filed by Plaintiff Leslie Summers (Doc. 6). The Court will deny the Motion. There is no right to appointment of counsel in a civil rights case. Instead, the decision whether to request assistance of counsel rests in the sound discretion of the Court. Beaudry v. Corrections Corp. of America, 331 F.3d 1164, 1169 (10th Cir.2003); MacCuish v. United States, 844 F.2d 733, 735 (10th Cir.1988). In determining whether to appoint counsel, the district court should consider the merits of the litigant's claims, the nature and complexity of the factual and legal issues, and the litigant's ability to investigate the facts and to present his claims. Hill v. SmithKline Beecham Corp., 393 F.3d 1111, 1115 (0th Cir.2004). The Court has reviewed the complaint and subsequent filings in light of the foregoing factors. Plaintiff appears to understand the issues in the case and to be representing himself in an intelligent and capable manner. See Lucero v. Gunter, 52 F.3d 874, 878 (10th Cir. 1995). Accordingly, the Court will deny the Motion for Appointment of Counsel. IT IS ORDERED that the Motion for Appointment of Counsel filed by Plaintiff Leslie Summers (Doc. 6) is DENIED.

ae A JUDGE

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Summers v. Department of Corrections, Counsel Stack Legal Research, https://law.counselstack.com/opinion/summers-v-department-of-corrections-nmd-2020.

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