This list of factors is not exhaustive. As a preliminary matter, the plaintiff's claim must have some merit in fact and law. Petitioner's asserted injury provides no basis for the court to appoint counsel. Even if the court were to assume, for the sake of argument, that Petitioner's action had some merit in law and fact, consideration of the factors discussed in Parham would not lead to the appointment counsel. Based on Petitioner' s numerous filings, he seems capable of presenting his own case.
Petitioner appears to be literate and educated, and to have access to the prison library.
The case does not appear to be so complex that Petitioner cannot present the relevant issues to the court. No extraordinary credibility issues necessitate appointment of counsel, nor is the testimony of an expert witness required. Petitioner framed his motion as a motion to alter, amend or vacate, apparently under Rule 60 of the Federal Rules of Civil Procedure. The motion shall be made within a reasonable time. . . . The purpose of a motion for reconsideration is to correct manifest errors of law or fact or to present newly discovered evidence.