Aubertin v. Core Civic, Inc.

United States District Court, Oklahoma Eastern

Aubertin v. Core Civic, Inc.

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA MAURICE AUBERTIN, ) ) Plaintiff, ) ) v. ) No. CIV 22-033-RAW-JAR ) CORE CIVIC, INC., et al., ) ) Defendants. ) OPINION AND ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL Plaintiff has filed a letter which the Court construed as a motion requesting the Court to appoint counsel (Dkt. 4).1 He bears the burden of convincing the Court that his claim has sufficient merit to warrant such appointment. McCarthy v. Weinberg,

753 F.2d 836, 838

(10th Cir. 1985) (citing United States v. Masters,

484 F.2d 1251, 1253

(10th Cir. 1973)). The Court has carefully reviewed the merits of Plaintiff’s claims, the nature of factual issues raised in his allegations, and his ability to investigate crucial facts. McCarthy,

753 F.2d at 838

(citing Maclin v. Freake,

650 F.2d 885, 887-88

(7th Cir. 1981)). After considering Plaintiff’s ability to present his claims and the complexity of the legal issues raised by the claims, the Court finds that appointment of counsel is not warranted. See Williams v. Meese,

926 F.2d 994, 996

(10th Cir. 1991); see also Rucks v. Boergermann,

57 F.3d 978, 979

(10th Cir. 1995). ACCORDINGLY, Plaintiff’s motion for appointment of counsel (Dkt. 4) is DENIED. 1 Plaintiff is advised that any future requests for relief must be in the form of a proper motion--not a letter--in accordance with Rule 7(b) of the Federal Rules of Civil Procedure and Local Civil Rule 7.1(b). IT IS SO ORDERED this 20th day of April 2021.

______________________________________ HONORABLE RONALD A. WHITE UNITED STATES DISTRICT JUDGE EASTERN DISTRICT OF OKLAHOMA

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Reference

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