Free Order on Motion for Leave to Proceed in forma pauperis - District Court of Delaware - Delaware

Case 1:05-cv—00527—SLR Document 7 Filed 08/12/2005 Page1 of 2 .
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
DAVID S. YARNALL, )
Plaintiff, g
v. 3 Civ. No. 05-527-SLR
CPL. ANTHONY MENDEZ, DELAWARE 3
STATE POLICE — TROOP 7, and )
MILLSBORO POLICE DEPARTMENT, )
Defendants. g
ORDER
WHEREAS, plaintiff, David S. Yarnall, SBI # 548973 is a 5
prisoner incarcerated at the Sussex Correctional Institution in i
Georgetown, Delaware, and on July 22, 2005, plaintiff filed a ;
complaint under 42 U.S.C. § 1983; i
WHEREAS, on August l0, 2005, this court granted
plaintiff leave to proceed fo forma oauoeris (D.I. 6);
WHEREAS, on August 5, 2005, plaintiff filed a second
motion to proceed fo forma oauoeris (D.I. 3);
WHEREAS, on August 5, 2005, plaintiff also filed a
motion for appointment of counsel (D.I. 5);
THEREFORE, at Wilmington this _§§g day of QQ§%Q!é! ,
2005, IT IS ORDERED that:
l. Plaintiff’s second motion to proceed fo forma oauoeris
is MOOT.
2. Plaintiff’s motion for appointment of counsel is denied

Case 1:05-cv—00527—SLR Document 7 Filed 08/12/2005 Page 2 of 2
without prejudice to renew. Plaintiff, a pro gg litigant
proceeding in forma pauperis, has no constitutional or statutory
right to appointed counsel. ggg Ray v. Robinson, 640 F.2d 474,
471 (3d Cir. 1981). It is within this court’s discretion,
however, to seek representation by counsel for plaintiff, but
this effort is made only “upon a showing of special circumstances
indicating the likelihood of substantial prejudice to [plaintiff]
resulting from [plaintiff’s] probable inability without such
assistance to present the facts and legal issues to the court in
a complex but arguably meritorious case.” Smith—Bey v. Petsock,
741 F.2d 22, 26 (3d Cir. 1984); accord Tabron v. Grace, 6 F.3d
147, 155 (3d Cir. 1993)(representation by counsel may be
appropriate under certain circumstances, after a finding that a
plaintiff’s claim has arguable merit in fact and law). Having
reviewed plaintiff’s complaint, the court finds that his
allegations are not of such a complex nature that representation
by counsel is warranted at this time. The various papers and
pleadings submitted by plaintiff reflect an ability to coherently
present his arguments.
2