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McClintic v. Bickell

United States District Court, M.D. Pennsylvania

October 24, 2014

JOHN McCLINTIC, Plaintiff,
v.
SUPERINTENDENT TAB BICKELL, : DEPUTY SUPER J. A. ECKARD, CAPT. HARRIS, LT. JOHNSON, LT. TAYLOR, D.D. MORNINGSTAR, Defendants.

ORDER

CHIRSTOPHER C. CONNER, Chief District Judge.

AND NOW, this 24th day of October, 2014, upon consideration of plaintiff's motion (Doc. 2) for appointment of counsel pursuant to 28 U.S.C. § 1915(e)(1), and assuming that plaintiff's claims have an arguable basis in law and fact[1], and it appearing, at this early juncture in the proceedings, from the complaint (Doc. 1) and the instant motion (Doc. 2), 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. 2) is DENIED. If further proceedings demonstrate the need for counsel, the matter will be reconsidered either sua sponte or upon motion of plaintiff.


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