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

· Case 1:04-cv-00958-KAJ Document 15 Filed 07/05/2005 Page 1 of 4
I- ‘ ~ ‘· . . D
IN THE UNITED STATES DISTRICT COURT EUI.
FOR THE DISTRICT OF DELAWARE 2m5JUL`5 §MI}¤36
PEDRO A. RODRIGUEZ, )
Plaintiff, g
v. 5 Civ. No. 04-958-KAJ
FCM OR FIRST CORRECTIONAL 3
MEDICAL, and THE DELAWARE )
DEPT. OF CORRECTIONS, )
Defendants. g
ORDER
WHEREAS, on October 25, 2004, this Court entered an
order granting leave to proceed in forma pauperis and requiring
the plaintiff to complete and return an authorization form (D.I.
6):
WHEREAS, the authorization form was to be filed within
thirty (30) days from the date the order was sent or the case
would be dismissed;
WHEREAS, on December I3, 2004, this Court dismissed the
plaintiff’s complaint because the required documents were not
filed within the time provided (D.I. 7):
WHEREAS, on June 2, 2005, this Court received the
plaintiff’s letter motion for reconsideration asking the Court
reopen his case, and requesting that the Court appoint him
counsel (D.I. 14);

- Case1:04-cv-00958-KAJ Document15 Filed 07/05/2005 Page2of4
WHEREAS, a pro sg litigant proceeding in forma
pauperis, has no constitutional or statutory right to appointed
counsel, seg Ray Robinson, 640 F.2d 474, 477 (3d Cir. 1981};
WHEREAS, 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 p1aintiff's claim
has arguable merit in fact and law};
WHEREAS, having reviewed the 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;
THEREFORE, at Wilmington this _;LE§ay of
, 2005, TT IS ORDERED that:
1. The plaintiff’s motion for reconsideration is
GRANTED. The plaintiff shall file the attached authorization
within thirty (30) days from the date this order is sent. If the
plaintiff fails to file the authorization in the time provided,
the Court shall dismiss the action without prejudice.

a Case 1:04-cv-00958-KAJ Document 15 Filed 07/05/2005 Page 3 of 4
2. The plaintiff’s motion for appointment of counsel
is denied without prejudice to his opportunity to renew such
motion if later warranted.
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un ea sca cr Judge
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- Case 1:04-cv-00958-KAJ Document 15 Filed 07/05/2005 Page 4 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
PEDRO A. RODRIGUEZ, )
Plaintiff, 5
v. ; Civ. N0. 04-958-KAJ
FCM OR FIRST CORRECTIONAL g
MEDICAL, and THE DELAWARE }
DEPT. OF CORRECTIONS, )
Defendants. g
AUTHORIZATION
I, Pedro A. Rodriguez, request and authorize the agency
holding me in custody to disburse to the Clerk of the Court the
initial partial filing fee of $12.03 and the subsequent payments
pursuant to 28 U.S.C. § l9l5(b) and required by the Court’s order
dated October 25, 2004.
This authorization is furnished in connection with the
filing of a civil action, and I understand that the filing fee
for the complaint is $150.00. I also understand that the entire
filing fee may be deducted from my trust account regardless of
the outcome of my civil action. This authorization shall apply
to any other agency into whose custody I may be transferred.
Date: , 2004.