Howard v. Birchfield et al, No. 6:2009cv00400 - Document 24 (E.D. Okla. 2010)
Court Description: OPINION AND ORDER by Judge Frank H. Seay : Denying 23 plaintiff's Motion for Appointment of Counsel(acg, Deputy Clerk)
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA Donald A. Howard, Plaintiff, v. Birchfield, et. Al., Defendants. ) ) ) ) ) ) ) ) ) No. CIV 09-400-FHS-SPS OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL Plaintiff has filed a motion requesting the court to appoint counsel. He bears the burden of convincing the court that his claim has sufficient merit to warrant appointment of counsel. 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). ACCORDINGLY, plaintiff s motion is DENIED. IT IS SO ORDERED this 6th day of January, 2010.
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