Free Order on Motion to Appoint Counsel - District Court of Colorado - Colorado

Case 1:04-cv-01299-WDM-MJW

Document 111

Filed 08/02/2005

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action Number: 04-CV-01299-WDM-MJW ANTHONY TYRONE SANDERS, Plaintiff, v. UNDER DEPUTY [sic] SHERIFF, et al., Defendants. MINUTE ORDER Entered by Magistrate Judge Michael J. Watanabe It is hereby ORDERED that the plaintiff' " s Motion. Asking the Judge for Mercy," which was filed on August 1, 2005 (Docket No. 109), is denied. In that motion, plaintiff appears to be requesting appointment of counsel. Plaintiff, however, has not shown that has been unsuccessful in his attempts to retain counsel. Furthermore, appointment of counsel for an indigent inmate under 28 U.S.C. § 1915(d) is within the sound discretion of the court. See Bee v. Utah State Prison, 823 F.2d 397, 399 (10th Cir. 1987). When deciding whether to appoint counsel " district the court should consider a variety of factors, including the merits of the litigant' claims, the s nature of the factual issues raised in the claims, the litigant' ability to present his s claims, and the complexity of the legal issues raised by the claims." Loftin v. Dalessandri, 2001 WL 20731 (10th Cir. Jan. 9, 2001) (quoting Long v. Shillinger, 927 F.2d 525, 527 (10th Cir. 1991)). Having considered the current record in this case, the court finds that, even assuming the plaintiff has a colorable claim, he currently appears to be able to present his case adequately at this stage of the litigation. In the margin of his motion, plaintiff also requests that the August 2, 2005, hearing be rescheduled. That request is denied as moot. In a Minute Order filed July 28, 2005 (Docket No. 108), this court reset the status hearing and set the hearing on the issue regarding the proper sanctions for Plaintiff' failure to comply with the s March 3, 2005 order. Those hearings are currently set before Magistrate Judge Watanabe on August 12, 2005, at 10:00 a.m. in Courtroom A-502, Alfred A. Arraj U.S. Courthouse, 901 Nineteenth Street, Denver, Colorado 80294. Plaintiff shall appear in person at that date and time, otherwise sanctions may be imposed, which could include dismissal of this action. Date: August 2, 2005