Jackson v. Inch

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 1:20-cv-20294-BLOOM/Reid JESSIE JACKSON, Plaintiff, v. MARK S. INCH, et al., Defendants. _________________________/ ORDER THIS CAUSE is before the Court upon pro se Plaintiff’s Motion to Appoint Counsel, ECF No. [46] (“Motion”). The Motion request that the Court appoint Plaintiff an attorney due to the “complexity and nature of this case and the Plaintiff’s lack of legal knowledge, skills and expertise.” Id. at 1. The Court has reviewed the Motion, the record in this case, the applicable law, and is otherwise fully advised.

A plaintiff has no constitutional right to counsel in a civil case, and the decision to appoint counsel is in the court’s discretion. Suggs v. United States, 199 F. App’x 804, 807 (11th Cir. 2006). Counsel should only be appointed in “exceptional circumstances.” Id. (citing Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992)). Exceptional circumstances exist when there are “facts and legal issues which are so novel or complex as to require the assistance of a trained practitioner.” Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993) (quoting Poole v. Lambert, 819 F.2d 1025,1028 (11th Cir. 1987)) (quotations and alteration omitted). “‘The key is whether the pro se litigant needs help in presenting the essential merits of his or her position to the court.’” Suggs, 199 F. App’x at 807 (quoting Kilgo, 983 F.2d at 193). After reviewing the Case No. 1:20-cv-20294-BLOOM/Reid Complaint, the Court does not find this case presents such exceptional circumstances that counsel should be appointed. Nevertheless, Plaintiff may request a referral to the Volunteer Attorney Program, where a volunteer attorney may accept the representation on a pro bono basis if so desired.

Accordingly, it is ORDERED AND ADJUDGED that the Motion, ECF No. [46], is DENIED.

DONE AND ORDERED in Chambers at Miami, Florida, on July 20, 2020.

BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record Jessie Jackson L94249 Suwanne Correctional Institution-Annex Inmate Mail/Parcels 5964 US Highway 90 Live Oak, FL 32060