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Bango v. State

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


July 3, 2007

NOEL K. BANGO, PLAINTIFF
v.
STATE OF PENNSYLVANIA, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 3rd day of July, 2007, upon consideration of pro se plaintiff's motions to proceed in forma pauperis (Doc. 4), and for appointment of counsel (Doc. 5), and it appearing that plaintiff is unable to pay the filing fee, see 28 U.S.C. § 1915 ("[A]ny court of the United States may authorize the commencement, prosecution, or defense of any suit . . . without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets . . . that the person is unable to pay such fees or give security therefor."), but that resolution of plaintiff's claim under 42 U.S.C. § 1983 neither implicates complex legal or factual issues nor requires significant factual investigation or the testimony of expert witnesses, see Tabron v. Grace, 6 F.3d 147, 155-57 (3d Cir. 1993) (listing factors relevant to a request for counsel), it is hereby ORDERED that:

1. The motion to proceed in forma pauperis (Doc. 4) is GRANTED.

2. The Clerk of Court is directed to effect service on the defendants named in the complaint (see Doc. 1).

3. Plaintiff's motion for appointment of counsel (Doc. 5) is DENIED. See Parham v. Johnson, 126 F.3d 454, 456-57 (3d Cir. 1997) (holding that civil litigants have no constitutional right to appointment of counsel).

4. Should further proceedings demonstrate the need for counsel, the matter may be reconsidered either sua sponte or upon a motion by plaintiff. See Tabron, 6 F.3d at 156.

CHRISTOPHER C. CONNER United States District Judge

20070703

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