Lu v. University of Utah, No. 2:2016cv00051 - Document 8 (D. Utah 2016)

Court Description: MEMORANDUM DECISION AND ORDER GRANTING MOTION TO APPOINT COUNSEL-granting 5 Motion to Appoint Counsel. The CLERK OF COURT IS DIRECTED to locate pro bono counsel. Signed by Magistrate Judge Evelyn J. Furse on 2/12/16. (jmr)

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Lu v. University of Utah Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH, CENTRAL DIVISION YUNG-KAI LU, MEMORANDUM DECISION AND ORDER GRANTING MOTION TO APPOINT COUNSEL Plaintiff, v. Case No. 2:16-cv-00051-CW-EJF UNIVERSITY OF UTAH, Defendant. District Judge Clark Waddoups Magistrate Judge Evelyn J. Furse District Judge Clark Waddoups referred this case to the undersigned magistrate judge pursuant to 28 U.S.C. § 636(b)(1)(B). (ECF No. 7.) As an initial matter, the Court notes that it granted Plaintiff Yung-Kai Lu leave to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915. (ECF No. 3.) Before the Court is Plaintiff’s Motion to Appoint Counsel. (ECF No. 5.) “A plaintiff asserting an employment discrimination claim has no constitutional or statutory right to appointed counsel.” Castner v. Colo. Springs Cablevision, 979 F.2d 1417, 1420 (10th Cir. 1992). However, the Court may in its discretion appoint counsel for an indigent plaintiff “in such circumstances as the court may deem just.” 42 U.S.C. § 2000e-5(f)(1). Based on the Complaint and the IFP filing, the Court GRANTS Mr. Lu’s Motion to Appoint Counsel. The CLERK OF COURT IS DIRECTED to locate pro bono counsel. SO ORDERED this 12th day of February, 2016. 1 Dockets.Justia.com BY THE COURT: ____________________________ EVELYN J. FURSE United States Magistrate Judge 2

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