Daniel Z. Maldonado v. Endurance Warranty Services, LLC

Summary

The United States District Court for the District of Colorado denied without prejudice Plaintiff Daniel Z. Maldonado’s motion for appointment of counsel. The court found that the case was in its early stages, the claims did not appear unusually complex, and the plaintiff had not shown sufficient circumstances or merit to warrant requesting pro bono counsel.

Holdings

1. A civil litigant has no constitutional or statutory right to appointed counsel, and the court may request counsel only when the applicable discretionary factors, including the apparent merits, factual and legal complexity, ability to investigate and present the claims, special circumstances, and interests of justice, support doing so.
2. The plaintiff's asserted reasons did not warrant a request for counsel at the present stage, but the motion was denied without prejudice so that he could renew it if his circumstances materially changed.

Questions Presented

1. Whether the court should request pro bono counsel for a pro se civil litigant based on the apparent merits of the claims, case complexity, ability to investigate and present the claims, medical limitations, and interests of justice.
2. Whether the plaintiff's medical conditions and the early procedural stage of the case warranted appointment of counsel without prejudice to renewal later.

Disposition

other