Summary
This Memorandum and Order addresses a pro se prisoner’s § 1983 complaint alleging unconstitutional conditions at a detention center. The court strikes additional named plaintiffs because the plaintiff lacks standing to represent them and cannot appear as a class representative pro se. The court also denies the plaintiff’s motion to appoint counsel and provides a 30-day deadline to either pay the filing fee or submit a properly completed application to proceed without prepaying fees. Failure to comply will result in dismissal of the case.
Topics
Practice areas
Questions Presented
- Whether Bowman has standing to bring §1983 claims on behalf of other inmates and to appear as a pro se class representative.
- Whether Bowman is entitled to appointed counsel in this civil rights action.
- Whether the court may strike the additional plaintiffs for lack of standing and failure to satisfy the filing fee requirement.
Holdings
- Bowman lacks standing to assert §1983 claims for other inmates and may not appear as a class representative pro se.
- Bowman is not entitled to appointed counsel; the district court has broad discretion and found no benefit to appointment.
- The court may strike the thirteen additional plaintiffs; they may file individual §1983 actions after satisfying the filing fee requirement.
Key quotations
“Bowman has no constitutional or statutory right to appointed counsel. Davis v. Scott, 94 F.3d 444, 447 (8th Cir.1996).”
“The Court will therefore deny Bowman’s motion to appoint counsel, without prejudice.”
Factual background
Robert M. Bowman, an inmate at the Fulton Reception & Diagnostic Center, filed a §1983 complaint alleging unconstitutional conditions at the Pike County Detention Center and sought to represent himself and thirteen other inmates. He did not prepay the $405 filing fee nor obtain leave to proceed without prepayment, and he moved for the appointment of counsel.
Procedural history
Plaintiff Robert M. Bowman filed a pro se 42 U.S.C. §1983 complaint on behalf of himself and thirteen other inmates without paying the required filing fee. He moved for appointment of counsel and sought class certification. The district court reviewed the motion and the standing of the additional plaintiffs.