Mackey v. United States

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 20-cv-61610-BLOOM DYNZA MACKEY, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ______________________________/ ORDER THIS CAUSE is before the Court upon pro se Petitioner’s Motion to Appoint Counsel, ECF No. [32] (“Motion”). The Motion requests that this Court appoint Petitioner an attorney due to his current state of confinement, his limited access to legal materials, and the possibility that some of his claims may be redundant. Id. at 1. The Court has carefully reviewed the Motion, the record in this case, and the applicable law, and is otherwise fully advised. A plaintiff has no constitutional right to counsel in a civil case, and the decision to appoint counsel is within the Court’s discretion. Suggs v. United States, 199 F. App’x 804, 807 (11th Cir. 2006). Indeed, counsel should only be appointed in “exceptional circumstances.” Id. (citing Dean v. Barber, 951 F.2d 1210, 1216 (11th Cir. 1992)). Exceptional circumstances exist when there are “facts and legal issues which are so novel or complex as to require the assistance of a trained practitioner.” Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993) (quoting Poole v. Lambert, 819 F.2d 1025,1028 (11th Cir. 1987)) (quotations and alteration omitted). “The key is whether the pro se litigant needs help in presenting the essential merits of his or her position to the court.” Suggs, 199 F. App’x at 807 (quoting Kilgo, 983 F.2d at 193 ). Case No. 20-cv-61610-BLOOM After reviewing the record in this case, the Court does not find this case presents such exceptional circumstances that counsel should be appointed. Nevertheless, Petitioner may request a referral to the Volunteer Attorney Program, where a volunteer attorney may accept the representation on a pro bono basis, if they so desire. Accordingly, itis ORDERED AND ADJUDGED that Petitioner’s Motion, ECF No. [32], is DENIED. DONE AND ORDERED in Chambers at Miami, Florida, on February 24, 2021. BETH BLOOM UNITED STATES DISTRICT JUDGE Copies to: Counsel of Record Dynza Mackey 19578-104 Moshannon Valley Correctional Institution Inmate Mail/Parcels 555 Geo Drive Philipsburg, PA 16866