Seay v. Donald Et Al - Document No. 6
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Justia.comSeay v. Donald Et Al - Document No. 6
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Case 5:07-cv-00088-CAR-CWH Document 6 Filed 03/09/2007 Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
ANTONIO SEAY, :
:
Plaintiff :
:
VS. :
:
Comm’r JAMES E. DONALD, et al., : NO. 5:07-CV-88 (CAR)
:
Defendants : ORDER
____________________________________
Plaintiff has requested this court to appoint counsel to assist him with his civil complaint
brought pursuant to 42 U.S.C. § 1983. Generally speaking, no right to counsel exists in civil rights
actions. See Wahl v. McIver, 773 F.2d 1169, 1174 (11th Cir. 1986). It is a privilege that is justified
only by exceptional circumstances. Lopez v. Reyes, 692 F.2d 15, 17 (5th Cir. 1982).
Plaintiff’s motion for appointment of counsel is viewed by the court as being premature.
Until such time as responses have been made by the defendants and the court has had an opportunity
to review both the complaint and the responses thereto, a proper evaluation of the plaintiff’s need
for counsel cannot be made. The court on its own motion will consider appointing legal counsel for
the plaintiff if and when it becomes apparent that legal assistance is required in order to avoid
prejudice to his rights.
Accordingly, at the present time, the plaintiff’s motion for appointment of counsel is
DENIED.
SO ORDERED, this 9th day of MARCH, 2007.
CLAUDE W. HICKS, JR.
UNITED STATES MAGISTRATE JUDGE
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