Prisoner Civil Rights: Malik Muhammad v. Lester Wright

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U.S. District Court, WDNY

Prisoner Civil Rights

Right to Counsel — Civil Cases

Malik Muhammad v. Lester Wright
08-CV-473(Sr)
Magistrate Judge H. Kenneth Schroeder Jr.

Background: The plaintiff alleged that he has been denied appropriate medical treatment at Sing Sing Correctional Facility. On the plaintiff’s fourth motion for appointed counsel, the plaintiff presented evidence that he has been denied representation by numerous lawyers, has a low I.Q. and that, because of his multiple sclerosis, the plaintiff has had difficulty accessing the law library to adequately prosecute his claims.

Ruling: As there is no constitutional right to counsel in a civil case, it is entirely within the court’s discretion to appoint counsel pursuant to 28 U.S.C. § 1915(e). The court must look to whether the likelihood of merit of the underlying dispute. While the claim may not be characterized as frivolous, if the claims asserted are thin and chance of success poor, denying the appointment of counsel is merited. The court noted the simplicity of the case, the numerous times the request to appoint has been denied previously and concluded that this request for appointed counsel be denied