James Barry Murphy v. Derran C. Broyles, et al.

Summary

The court denies pro se plaintiff Barry Murphy’s motion for appointment of counsel in a civil rights action. Applying the exceptional-circumstances standard, the court finds that Murphy has demonstrated an ability to present his case and that discovery difficulties, opposing counsel’s competency, and the likelihood of success do not warrant appointment of counsel. The court also clarifies that C/O Lafever was dismissed as a defendant during screening of the amended complaint.

Holdings

1. A civil litigant has no constitutional or statutory right to appointed counsel, and appointment is justified only in exceptional circumstances. The ordinary difficulties of discovery and pro se litigation, the competency of opposing counsel, and the asserted likelihood of success with appointed counsel did not establish exceptional circumstances here.
2. C/O Lafever was no longer a defendant because the court dismissed the claim against him during screening of Murphy's amended complaint and terminated him as a party.

Questions Presented

1. Whether exceptional circumstances warranted appointing counsel for a pro se prisoner litigant in a civil-rights action.
2. Whether Defendant C/O Lafever remained a party after the court dismissed the claim against him during screening of the amended complaint.

Disposition

other