Summary
This memorandum decision and order from the United States District Court for the District of Utah denies a pro se prisoner plaintiff's motion for appointment of counsel. The court explains that civil litigants have no Sixth Amendment right to counsel and lacks authority to compel representation, though it may request volunteer attorneys under 28 U.S.C. § 1915(e)(1). After evaluating the merits, complexity, and plaintiff's ability to proceed, the court concludes the claims are not sufficiently colorable to warrant a request for pro bono assistance at this time.
Topics
Practice areas
Questions Presented
- Whether the district court may appoint counsel for a pro se civil litigant under 28 U.S.C. §1915(e)(1)
- Whether the plaintiff has a constitutional right to appointed counsel in a civil case
Holdings
- The court denied the motion for appointed counsel, finding that the plaintiff does not satisfy the statutory factors and has no Sixth Amendment right to counsel.
Key quotations
“As a civil litigant, plaintiff has no Sixth Amendment right to counsel.” (at 1)
Factual background
The plaintiff, a prisoner, filed a pro se civil‑rights suit and requested that the court appoint an attorney to represent him free of charge. The court noted that a civil litigant does not have a Sixth Amendment right to counsel and that the court’s authority to appoint counsel is limited to the statutory criteria in 28 U.S.C. §1915(e)(1).
Procedural history
Plaintiff, a pro se prisoner, filed a civil‑rights action and moved for appointment of counsel. The district court considered the motion under 28 U.S.C. §1915(e)(1) and denied it.