CHILDS v. RESIDENT COLLECT, INC., 3:15-CV-403-L. (2016)
Court: District Court, N.D. Texas
Number: infdco20161123994
Visitors: 23
Filed: Sep. 23, 2016
Latest Update: Sep. 23, 2016
Summary: FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE PAUL D. STICKNEY , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), Thomas S. Childs' ("Plaintiff") Motion for the Appointment of Counsel [ECF No. 71] has been referred to the United States Magistrate Judge for proposed findings and recommendations for disposition of the motion. See Order of Reference, ECF No. 75. "By statute, the court has discretion to appoint counsel in a civil case. . . ." Marquez v. W
Summary: FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE PAUL D. STICKNEY , Magistrate Judge . Pursuant to 28 U.S.C. 636(b), Thomas S. Childs' ("Plaintiff") Motion for the Appointment of Counsel [ECF No. 71] has been referred to the United States Magistrate Judge for proposed findings and recommendations for disposition of the motion. See Order of Reference, ECF No. 75. "By statute, the court has discretion to appoint counsel in a civil case. . . ." Marquez v. Wo..
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
PAUL D. STICKNEY, Magistrate Judge.
Pursuant to 28 U.S.C. § 636(b), Thomas S. Childs' ("Plaintiff") Motion for the Appointment of Counsel [ECF No. 71] has been referred to the United States Magistrate Judge for proposed findings and recommendations for disposition of the motion. See Order of Reference, ECF No. 75. "By statute, the court has discretion to appoint counsel in a civil case. . . ." Marquez v. Woody, 440 F. App'x 318, 326 (5th Cir. 2011) (citing 28 U.S.C. § 1915(e)(1)). "In deciding whether to appoint counsel, the court should consider `the type and complexity of the case, the litigant's ability to investigate and present the case, and the level of skill required to present the evidence.'" Id. (quoting Baranowski v. Hart, 486 F.3d 112, 126 (5th Cir. 2007)). "`The district court should also consider whether the appointment of counsel would be a service to [the plaintiff] and, perhaps, the court and defendant as well, by sharpening the issues in the case, shaping the examination of witnesses, and thus shortening the trial and assisting in a just determination.'" Id. (quoting Ulmer v. Chancellor, 691 F.2d 209, 213 (5th Cir. 1982)). Upon consideration of the foregoing, the undersigned respectfully recommends that the District Court DENY Plaintiff's Motion for the Appointment of Counsel [ECF No. 71].
SO RECOMMENDED.
Source: Leagle
