UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION

LAUREL LEE BUESCHER,

Plaintiff,

v. Case No: 6:23-cv-739-CEM-LHP

WAYNE IVEY, GERARD KEATING, ESQ., MURRAY DANIEL LOGAN and STEPHANIE PHILLIPS,

Defendants

ORDER This cause came on for consideration without oral argument on the following motion filed herein: MOTION: PLAINTIFF’S REQUEST FOR A STAY AND FOR THE COURT TO ASSIGN AN ATTORNEY (Doc. No. 26) FILED: July 25, 2023

THEREON it is ORDERED that the motion is DENIED. By the above-styled motion, Plaintiff Laurel Buescher, appearing pro se, asks the Court to appoint counsel to represent her in this case, stating that she has been diligently searching for legal representation, has been unable to retain an attorney, and that she believes that it is necessary for an attorney to represent her because she has no legal training. Doc. No. 26. Plaintiff further requests that the Court stay the case until the appointment of counsel is made or she otherwise finds legal

representation. Id. at 1. Defendant Murry Daniel Logan, the only Defendant to have appeared in this case, opposes. Doc. No. 27. Upon review, Plaintiff’s motion will be denied. First, the motion fails to comply with the Local Rules of this Court, including Local Rules 3.01(a) and 3.01(g).

Second, the motion does not demonstrate that appointment of counsel is warranted. Specifically, there is no absolute right to counsel in civil cases, and appointment of counsel is warranted only in truly exceptional circumstances. Steele v. Shah,

(11th Cir. 1996). Exceptional circumstances may exist when the facts or legal issues are “so novel or complex as to require the assistance of a trained practitioner.” Kilgo v. Ricks,

(11th Cir. 1993) (quoting Poole v. Lambert,

(11th Cir. 1987)). Here, Plaintiff has not demonstrated

that this case presents the type of “exceptional circumstances” or “novel or complex” legal issues warranting the appointment of counsel at this time. Accordingly, Plaintiff’s request for the appointment of counsel is DENIED.

Likewise, because the request for a stay is premised solely on the appointment of counsel, to which Plaintiff has not established entitlement, the request for a stay of the case is also DENIED. DONE and ORDERED in Orlando, Florida on August 2, 2023.

ayn □□□□ LESLIE AN PRICE UNITED STATES MAGISTRATE JUDGE

Copies furnished to: Counsel of Record Unrepresented Parties

-3-