United States District Court, M.D. Pennsylvania
D. MARIANI UNITED STATES DISTRICT JUDGE.
Kevin Wilson ("Plaintiff'), an inmate who, at all
relevant times, was housed at the State Correctional
Institution, Dallas, Pennsylvania, initiated the instant
action pursuant to 42 U.S.C. § 1983. (Doc. 1). The
remaining Defendants are Correctional Officers Grommel and
Wilson. In the complaint, Plaintiff alleges that two
unidentified inmates stabbed him, Defendants Grommel and
Wilson did not intervene during the attack, and did not call
for medical attention after the attack. (Id.).
pending before the Court is Plaintiffs second motion to
appoint counsel. (Doc. 39). For the following reasons, the
motion will be denied without prejudice.
prisoners have no constitutional or statutory right to
appointment of counsel in a civil case, the Court has
discretion "to request an attorney to represent any
person unable to afford counsel." 28 U.S.C. §
1915(e)(1); Parham v. Johnson, 126 F.3d 454, 456- 57
(3d Cir. 1997); Montgomery v. Pinchak, 294 F.3d 492,
499 (3d Cir. 2002); Tabron v. Grace, 6 F.3d 147, 153
(3d Cir. 1993). The United States Court of Appeals for the
Third Circuit has stated that the appointment of counsel for
an indigent litigant should be made when circumstances
indicate "the likelihood of substantial prejudice to him
resulting, for example, from his probable inability without
such assistance to present the facts and legal issues to the
court in a complex but arguably meritorious case."
Smith-Bey v. Petsock, 741 F.2d 22, 26 (3d Cir.
initial determination to be made by the Court in evaluating
the expenditure of the "precious commodity" of
volunteer counsel is whether the case has some arguable merit
in fact or law. Montgomery, 294 F.3d at 499. If a
plaintiff overcomes this threshold hurdle, other factors to
be examined are:
(1) the plaintiffs ability to present his or her own case;
(2) the difficulty of the particular legal issues;
(3) the degree to which factual investigation will be
necessary and the ability of the plaintiff to pursue
(4) the plaintiffs capacity to retain counsel on his or her
(5) the extent to which the case is likely to turn on
credibility determinations; and
(6) whether the case will require testimony from expert
Id. (citing Tabron, 6 F.3d at 155-57). The
Third Circuit Court of Appeals added two other factors to be
taken into consideration: (1) the court's willingness to
aid the indigent party in presenting his or her own case; and
(2) the available supply of lawyers willing to accept section
1915(e) requests within the relevant ...