plaintiff of special circumstances. As previously stated, plaintiff has brought claims against defendant for false imprisonment, violation of his constitutional rights, malicious prosecution and violation of the Civil Rights Act of 1871. While at this point it is premature to rule on the merits of plaintiff's claims, we find that under the facts as alleged in the complaint, plaintiff has stated meritorious claims.
However, application of the other factors demonstrate that appointment of counsel is not warranted in this case. First, plaintiff has indicated that he is literate and able to communicate to the Court through his pleadings and motions. Not only are plaintiff's motions and pleadings clear and coherent, but he has even managed to cite the appropriate statutes and cases in these documents.
Second, the legal issues involved in plaintiff's claims are not overly complex. Additionally, plaintiff has attached various exhibits to his original complaint, thus indicating that he has already had some success in his factual investigation. Further, many of the other factual determinations and credibility determinations that plaintiff will have to make in this case can be supported by documentary or other evidence within plaintiff's own knowledge.
Finally, there does not appear to have been any attempt by plaintiff to obtain the help of an attorney through any sort of legal aid organization. Understandably plaintiff is in prison, therefore, he may not be able to have access to such organizations. However, given the other factors discussed above, and in light of the fact that plaintiff appears to have the ability to litigate this case pro se, we do not find that special circumstances exist in this case in order to justify appointing counsel. As such, plaintiff's motion is denied.
AND NOW, this day of April, 1994, upon consideration of plaintiff's motion for appointment of counsel pursuant to 28 U.S.C. 1915(d), it is hereby ORDERED that plaintiff's motion is DENIED.
BY THE COURT:
J. Curtis Joyner, J.
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