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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PANAMA CITY DIVISION 

DWIGHT J. PORTER, 

Plaintiff, 

v. Case No.: 5:10-cv-206-RS-GRJ

 COLONEL BAXTER ,et al.,

Defendants. 

____________________________/ 

O R D E R

This prisoner civil rights case is before the Court on Plaintiff’s Third Amended

Complaint under 42 U.S.C. § 1983. (Doc. 25.) The case has been set for trial before

District Judge Richard Smoak on June 24, 2013. (Doc. 69.) Plaintiff previously

requested that the Court appoint counsel to represent him in this case, Docs. 2 and 19,

and those requests were denied. (Docs. 16 and 20.) In light of the fact that the case

has now been set for trial, the Court finds that it is appropriate to sua sponte reconsider

its earlier rulings with respect to the issue of counsel.

While a plaintiff in a civil case has no constitutional right to counsel, a “court may

request an attorney to represent any person unable to afford counsel,” subject to the

Court’s discretion. 28 U.S.C. § 1915(e)(1); Bass v. Perrin, 170 F.3d 1312 (11 Cir. th

1999). Only exceptional circumstances warrant such a request, such as when a case

presents “novel or complex” facts or legal issues that require the assistance of a trained

practitioner. Bass, 170 F.3d at 1320. In determining whether “exceptional

circumstances” warrant appointment of counsel, the Court may consider various

factors, including: (1) the type and complexity of the case, (2) whether the indigent is
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capable of adequately presenting his case, (3) whether the indigent is in a position to

adequately investigate the case, and (4) whether the evidence will consist in large part

of conflicting testimony so as to require skill in the presentation of evidence and in

cross-examination. Ulmer v. Chancellor, 691 F.2d 209, 213 (5th Cir.1982) (cited with

approval in Fowler v. Jones, 899 F.2d 1088, 1096 (11th Cir.1990)).

Plaintiff in this case is a prisoner in the custody of the Florida Department of

Corrections, at Calhoun Correctional Institution. He claims that after writing grievances

related to being forced to work beyond his physical abilities, Defendants—all

correctional officers at the prison—physically assaulted him. He claims that after this

incident, Defendants threatened to beat him to death if he filed additional grievances. 

While the Court previously determined that Plaintiff did not require the assistance of an

attorney at the discovery stage, the Court now finds that on the eve of trial, Plaintiff

would be better served by legal representation. This is particularly true in light of

Plaintiff’s claim that he has deficiencies in his eyesight, stutters, and has “extreme

difficulties in oral communication.” (Doc. 19, at 2.)

Plaintiff is advised that under 28 U.S.C. § 1915(e)(1), the Court may request

representation for Plaintiff, but the Court may not compel an attorney to take Plaintiff’s

case and the Defendant is not entitled to appointment of counsel at government

expense. Accordingly, Plaintiff’s motions for appointment of counsel, Docs. 2 and 19,

may be granted to the degree that efforts will be made to secure representation for

Plaintiff. Plaintiff must be aware, however, that there is no guarantee that an attorney

will agree to take the case. 

Case No: 5:10-cv-206-RS-GRJ
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Accordingly, it is ORDERED:

1. Plaintiff’s motions for appointment of counsel, Docs. 2 and 19, are 

reconsidered sua sponte and granted to the extent that the Court will publish on

the Court’s website a request for counsel to assist Plaintiff in this case.

2. The Clerk is directed to publish on the United States District Court for the

Northern District of Florida’s website an announcement pertaining to this case,

regarding Plaintiff’s request for the assistance of counsel. 

DONE AND ORDERED this 12 day of March 2013. 

th

s/Gary R. Jones 

GARY R. JONES

United States Magistrate Judge

Case No: 5:10-cv-206-RS-GRJ