PHILYAW v. BALDWIN COUNTY SHERIFF OFFICE

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION CHRISTOPHER PHILYAW, Plaintiff, v. CIVIL ACTION NO. 3:25-cv-00160-TES BALDWIN COUNTY SHERIFF’S OFFICE, et al., Defendants.

ORDER DENYING MOTION TO APPOINT COUNSEL

Pro se Plaintiff Christopher Philyaw has asked the Court to appoint him counsel, presumably pursuant to 28 U.S.C. § 1915(e)(1). Plaintiff’s Motion to Appoint Counsel [Doc. 2] is DENIED.

“A plaintiff in a civil case has no constitutional right to counsel, and while the [C]ourt may, pursuant to 28 U.S.C. § 1915(e)(1), appoint counsel for an indigent plaintiff, it has broad discretion in making this decision and should do so only in exceptional circumstances.” Beasley v. United States, 852 F. App’x 520, 521 (11th Cir. 2021) (per curiam) (citing Bass v. Perrin, 170 F.3d 1312, 1320 (11th Cir. 1999)).

“Exceptional circumstances include the presence of ‘facts and legal issues [which] are so novel or complex as to require the assistance of a trained practitioner.’” Beasley, 852 F.

App’x at 521 (quoting Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993)). “The key is whether the pro se litigant needs help in presenting the merits of his position to the [C]ourt.” Id. In this case, Plaintiff seeks relief pursuant to the 1st, 4th, 6th, 8th, 11th, and 14th Amendments. See generally [Doc. 1]. Upon review of his Complaint, Plaintiff’s allegations do not demonstrate that his case contains sufficient “exceptional circumstances” to warrant the appointment of counsel in this matter. Accordingly, the Court DENIES Plaintiff’s Motion to Appoint Counsel [Doc. 2]. See Bryant v. Clark, No. 20-14470-G, 2021 WL 5919851, at *1 (11th Cir. June 14, 2021) (noting that the denial of a motion for appointment of counsel in a civil case is not immediately appealable).

Should Plaintiff’s claims become so unusual and require the appointment of counsel, the Court, on its own motion, will appoint counsel for Plaintiff.

SO ORDERED, this 7th day of October, 2025.

S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT