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

Case 1 :04-cv-00210-GIVIS Document 26 Filed 10/31 /2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
RICARDO CASTILLO )
Plaintiff, l
v. 1 Civil No. 04-210 GMS
SUPERVISOR FRANK COSTAN, et al. g
Defendants. 1
ORDER
sf
At Wilmington this day of ' , 2007,
IT IS ORDERED that plaintiff s motion for appointment of counsel (D.I. 21 ) is denied without
prejudice to renew. Plaintiff, a pg g litigant, has no constitutional or statutory right to appointed
counsel. See Parham v, Johnson, 126 F.3d 454, 456-57 (3d Cir. 1997). 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 [plaintiffs] 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 plaintiffs claim has arguable merit
in fact and law). Having reviewed plaintiffs 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.
)
F I L E D ilJ;EF,UQlTED STATES DISTRICT JUDGE
OCT 3 1 2007
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Case 1:04-cv-00210-GMS

Document 26

Filed 10/31/2007

Page 1 of 1