Filed: May 28, 2019
Latest Update: May 28, 2019
Summary: ORDER CHRISTOPHER C. CONNER , Chief District Judge . AND NOW, this 28th day of May, 2019, upon consideration of plaintiff's motions (Docs. 12, 19, 28) for appointment of counsel pursuant to 28 U.S.C. 1915(e)(1), and assuming that plaintiff's claims have an arguable basis in law and fact 1 , and it appearing, at this juncture in the proceedings, that plaintiff is capable of properly and forcefully prosecuting his claims, and that discovery neither implicates complex legal or factual issue
Summary: ORDER CHRISTOPHER C. CONNER , Chief District Judge . AND NOW, this 28th day of May, 2019, upon consideration of plaintiff's motions (Docs. 12, 19, 28) for appointment of counsel pursuant to 28 U.S.C. 1915(e)(1), and assuming that plaintiff's claims have an arguable basis in law and fact 1 , and it appearing, at this juncture in the proceedings, that plaintiff is capable of properly and forcefully prosecuting his claims, and that discovery neither implicates complex legal or factual issues..
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ORDER
CHRISTOPHER C. CONNER, Chief District Judge.
AND NOW, this 28th day of May, 2019, upon consideration of plaintiff's motions (Docs. 12, 19, 28) for appointment of counsel pursuant to 28 U.S.C. § 1915(e)(1), and assuming that plaintiff's claims have an arguable basis in law and fact1, and it appearing, at this juncture in the proceedings, that plaintiff is capable of properly and forcefully prosecuting his claims, and that discovery neither implicates complex legal or factual issues nor requires factual investigation or the testimony of expert witnesses, and it being well-established that indigent civil litigants possess neither a constitutional nor a statutory right to appointed counsel in a civil case, Montgomery v. Pinchak, 294 F.3d 492, 498 (3d Cir. 2002), and that district courts have broad discretion to determine whether to appoint counsel under 28 U.S.C. § 1915, it is hereby ORDERED that the motions (Docs. 12, 19, 28) are DENIED without prejudice. If further proceedings demonstrate the need for counsel, the matter will be reconsidered either sua sponte or upon motion of plaintiff.
