Free Order - District Court of Delaware - Delaware

Case 1:05-cv-00626-JJF Document 47 Filed 06/21/2006 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICKY J. HAMBY, :
Plaintiff, ;
v. Z Civil Action No. 05-626-JJF
DR. ALI, DR. ARAMBURO, WARDEN ;
RAPHAEL WILLIAMS, COMMISSIONER:
STAN TAYLOR, DR. FISHER, and :
DIANE HERNANDEZ, :
Defendants. ;
MEMORANDUM ORDER
Plaintiff, an inmate currently incarcerated at the Delaware
Correctional Center, filed a letter (D.I. 15) requesting the
Court to appoint counsel to assist him in the prosecution of the
above—captioned action. By Order dated March 28, 2006 (D.I. 17),
the Court denied Plaintiff's request with leave to refile. By
letter motion dated March 27, 2006 and docketed on March 30, 2006
(D.I. 18), Plaintiff filed a second request for the appointment
of counsel, which the Court denied without prejudice. (D.I. 36).
On June 20, 2006, the Court held a Status Conference in this
matter and sua sponte revisited Plaintiff's request for
representation. For the reasons discussed, the Court will grant Q
P1aintiff’s request for counsel and refer this matter to the }
Federal Civil Panel to determine if an attorney is available to i
represent Plaintiff. i
Pursuant to 28 U.S.C. § 1915(e)(1), the Court may request an
attorney to represent any person unable to afford counsel. In

Case 1:05-cv-00626-JJF Document 47 Filed 06/21/2006 Page 2 of 3
addition to the threshold inquiry regarding the plaintiff’s
financial condition, the Court should also consider such factors
as: (1) whether the plaintiff's case has some arguable merit in
law or fact, (2) the plaintiff's ability to present his case, (3)
the difficulty of the legal issues involved, (4) the degree to
which factual investigation will be necessary and the ability of
the plaintiff to pursue such investigation, (5) the extent to
which a case is likely to turn on credibility determinations, and
(6) whether the case will require expert testimony. Tabron v.
Qragg, 6 F.3d 147, 155-157 (3d Cir. 1993).
The Court has granted Plaintiff's request to proceed ig
fgrma pauperis, and therefore, the Court finds that Plaintiff is
unable to afford counsel. Plaintiff has set forth arguably
meritorious claims, and given the nature of those claims, the 4
Court is persuaded that the appointment of counsel is warranted.
In particular, the Court notes that Plaintiff’s claim for
retaliation is likely to require significant factual
investigation. Given the nature of Plaintiff's claim, the Court
is also persuaded that Plaintiff is likely to encounter
difficulties in conducting such a factual investigation.
Further, Plaintiff’s retaliation claim is likely to turn on
credibility determinations, and Plaintiff's Eighth Amendment
claim may ultimately require the testimony of an expert witness.
Accordingly, the Court is persuaded that the Tabron factors weigh
in favor of the appointment of counsel in this case.

Case 1:05-cv-00626-JJF Document 47 Filed 06/21/2006 Page 3 of 3
NOW THEREFORE, IT IS HEREBY ORDERED that:
1. The Clerk of Court shall present this Request for
Representation to the Federal Civil Panel to determine if an
attorney is available to represent Plaintiff.
2. The Standing Order of the Court regarding the
establishment of the Federal Civil Panel and the provisions of
said Order are incorporated herein by reference.
June Fg , 2 0 0 6 \ ·»;— P A
Date I LO r w DI S TRIC- J DGE