Anthony Robinson and Latoya Robinson v. Brazos Valley Council of Governments, et al.

Summary

The United States District Court for the Southern District of Texas denied Anthony and Latoya Robinson's motions for appointment of counsel in a housing-dispute action. The court held that the plaintiffs had not proceeded in forma pauperis and had not demonstrated exceptional circumstances warranting appointed counsel under 28 U.S.C. § 1915(e)(1).

Holdings

1. A court may request counsel under 28 U.S.C. § 1915(e)(1) for an indigent litigant proceeding in forma pauperis, but Plaintiffs' failure to seek or obtain leave to proceed in forma pauperis independently warranted denial of their motions.
2. Plaintiffs did not establish exceptional circumstances warranting appointment of counsel because the case did not appear unusually complex, Plaintiffs had demonstrated an ability to investigate and present their claims, and they had not shown meaningful efforts to obtain private counsel.

Questions Presented

1. Whether the court should appoint counsel for Plaintiffs under 28 U.S.C. § 1915(e)(1).
2. Whether Plaintiffs demonstrated exceptional circumstances warranting appointment of counsel in this civil action.

Disposition

other