CRAIG B. SHAFFER, Magistrate Judge.
This civil action comes before the court on Mr. Custard's "Motion to Appoint Counsel" (doc. #88)
Whether to request counsel is left to the sound discretion of the trial court. Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995). In deciding whether to request counsel for a civil litigant, the district court should evaluate "the merits of a [litigant's] claims, the nature and complexity of the factual issues, and the [litigant's] ability to investigate the facts and present his claims." Hill v. Smithkline Beecham Corp., 393 F.3d 1111, 1115 (10th Cir. 2004) (citations omitted). See also Part III.C. of the U.S. District Court's Pilot Program to Implement A Civil Pro Bono Panel, www.cod.uscourts.gov/Court Operations/RulesProcedures/PilotProjects.aspx (factors and considerations include: 1) the nature and complexity of the action; 2) the potential merit of the pro se party's claims; and 3) the degree to which the interests of justice will be served by appointment of counsel, including the benefit the court may derive from the assistance of the appointed counsel). "The burden is on the applicant to convince the court that there is sufficient merit to his claim to warrant the appointment of counsel." Hill, 393 F.3d at 1115 (citation omitted). "Only in those extreme cases where the lack of counsel results in fundamental unfairness will the district court's decision be overturned." Hill, 393 F.3d at 1115 (citation omitted).
The court has considered Mr. Custard's request for appointed counsel and the appropriate factors. As a pro se litigant, Mr. Custard is afforded a liberal construction of his papers. Haines v. Kerner, 404 U.S. 519, 520-21 (1972). Mr. Custard requests the appointment of counsel on the basis that his lack of legal experience prevents him from adequately arguing the factual and legal complexities of the case and his various physical impairments and other disabilities prevent him from adequately prosecuting his case. Contrary to Mr. Custard's characterization, the legal issues and the facts presented are not particularly complex. Furthermore, Plaintiff has filed numerous motions in this action and responded to Defendants' Motion to Dismiss (see doc. #87) despite his disabilities. At this time, it is not clear that the merits of Mr. Custard's claims are sufficient for the court to request counsel to volunteer to represent him.
Mr. Custard also requests leave to file a Second Amended Complaint on the basis that he requires more than thirty pages to support his six claims.
Finally, Plaintiff requests "Expedited Rulings On Long Pending Fed. R. Civ. P. 12 Pleadings and All Other Attendant and Pending Motions." This court is aware that Defendants' Motion to Dismiss and Plaintiff's related Motion for a Hearing are pending and have been referred to the undersigned, and intends to address these motions as early as is practicable in light of the other cases pending on this court's docket. Accordingly, it is
ORDERED that Mr. Custard's "Motion to Appoint Counsel" (doc. #88) is DENIED without prejudice. It is
FURTHER ORDERED that Mr. Custard's "Motion for Leave to File a Second Amended Complaint" (doc. #89) is DENIED without prejudice. It is
FURTHER ORDERED that Mr. Custard's "Motion for Expedited Ruling on Long Pending Motions" (doc. #98) is DENIED.