Antonio Lee O’Bannon v. Samika Wheat, et al.

Summary

The United States District Court for the Western District of Kentucky denied pro se plaintiff Antonio Lee O’Bannon’s motion for appointment of counsel. The court held that no exceptional circumstances warranted appointing counsel under 28 U.S.C. § 1915(e)(1) and found any request for trial counsel premature.

Holdings

1. Appointment of counsel in a civil case is discretionary and is justified only in exceptional circumstances; plaintiff did not establish exceptional circumstances because he did not explain the need for counsel, the issues were not sufficiently complex, and his filings showed that he could adequately represent himself.
2. To the extent plaintiff requested counsel for trial, the request was premature.

Questions Presented

1. Whether the court should exercise its discretion to appoint counsel for a pro se civil plaintiff under 28 U.S.C. § 1915(e)(1).
2. Whether a request for appointment of counsel to represent plaintiff at a potential trial was premature.

Disposition

other