United States District Court, M.D. Pennsylvania
October 2, 2014
GARY TWIGG, Plaintiff,
PRIME CARE, WARDEN MARY SABOL, DR. VON KIEL, PATRICIA BENNETT, Defendants.
CHRISTOPHER C. CONNER, Chief District Judge.
AND NOW, this 2nd day of October, 2014, upon consideration of plaintiff's motion (Doc. 3) for appointment of counsel pursuant to 28 U.S.C. § 1915(e)(1), and assuming, at this early juncture in the proceedings, that plaintiff's claims have an arguable basis in law and fact, and it appearing from the complaint (Doc. 1) and the instant motion (Doc. 3), that he is capable of properly and forcefully prosecuting his claims, and that discovery neither implicates complex legal or factual issues nor requires factual investigation or the testimony of expert witnesses, and it being well-established that indigent civil litigants possess neither a constitutional nor a statutory right to appointed counsel in a civil case, Montgomery v. Pinchak , 294 F.3d 492, 498 (3d Cir. 2002), and that district courts have broad discretion to determine whether to appoint counsel under 28 U.S.C. § 1915, it is hereby ORDERED that the motion (Doc. 3) is DENIED. If further proceedings demonstrate the need for counsel, the matter will be reconsidered either sua sponte or upon motion of plaintiff.