Dwayne A. Miller, Jr. v. Hizel Stevens Hunely

Summary

The United States District Court for the District of Colorado denied without prejudice plaintiff Dwayne A. Miller Jr.’s motion for appointment of counsel in his prisoner civil-rights action. The court concluded that the request was premature because the case remained at an early stage, the claims were not unusually complex, and their merit was still unclear. The court stated that Miller could renew the request if his circumstances materially changed.

Holdings

1. A civil claimant does not have a Sixth Amendment or other general constitutional right to appointed counsel merely because the claimant is indigent or proceeding pro se.
2. The court cannot appoint pro bono counsel directly; it may only request that an attorney undertake representation.
3. Appointment of counsel was not warranted because the case was at an early stage, was not unusually complex, the plaintiff had demonstrated an ability to participate in the litigation, and the merits remained uncertain.

Questions Presented

1. Whether a pro se prisoner litigant had established sufficient grounds for the court to request pro bono counsel.
2. Whether the early procedural stage of the case, its apparent lack of unusual complexity, the plaintiff's demonstrated ability to litigate, and the uncertain merits of his claims warranted appointment of counsel.

Disposition

other