Florie v. Butner et al, No. 6:2016cv00101 - Document 21 (E.D. Okla. 2016)

Court Description: OPINION AND ORDER by District Judge James H. Payne : Denying 18 Motion for Appointment of Counsel and denying 19 Motion for Assistance of Investigator. (acg, Deputy Clerk)

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Florie v. Butner et al Doc. 21 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA BRYANT S. FLORIE, Plaintiff, v. JUDGE BUTNER, et al., Defendants. ) ) ) ) ) ) ) ) ) No. CIV 16-101-JHP-SPS OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL AND MOTION FOR ASSISTANCE OF INVESTIGATOR Plaintiff has filed a motion requesting the court to appoint counsel (Dkt. 18). He bears the burden of convincing the court that his claim has sufficient merit to warrant such appointment. McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985) (citing United States v. Masters, 484 F.2d 1251, 1253 (10th Cir. 1973)). The court has carefully reviewed the merits of plaintiff’s claims, the nature of factual issues raised in his allegations, and his ability to investigate crucial facts. McCarthy, 753 F.2d at 838 (citing Maclin v. Freake, 650 F.2d 885, 887-88 (7th Cir. 1981)). After considering plaintiff’s ability to present his claims and the complexity of the legal issues raised by the claims, the court finds that appointment of counsel is not warranted. See Williams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991); see also Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995). Plaintiff also has filed a motion for assistance of an investigator, claiming an investigator could assist the defense attorney in Plaintiff’s criminal proceedings (Dkt. 19). This request for relief, however, is not appropriate in a civil rights lawsuit. Therefore, the motion is denied. Dockets.Justia.com ACCORDINGLY, plaintiff’s motion for appointment of counsel (Dkt. 18) and his motion for assistance of an investigator (Dkt. 19) are DENIED. IT IS SO ORDERED this 2nd day of August 2016.

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