HomeMy WebLinkAbout2017CV884 - CHAYCE ANDERSON V. FCPS OFFICER JASON SHUTTERS - 089 - ORDERIN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 17-cv-00884-CMA-STV
CHAYCE AARON ANDERSON,
Plaintiff,
v.
JASON SHUTTERS,
Defendant.
ORDER
Magistrate Judge Scott T. Varholak
This matter is before the Court on Plaintiff’s Motion for Appointment of Pro Bono
Counsel [# 87] (the “Motion”), which was referred to this Court [#88].
In accordance with D.C.COLO.LAttyR 15 of the U.S. District Court’s Local Rules,
the Court hereby determines that Plaintiff merits appointment of counsel drawn from the
Civil Pro Bono Panel. This Court is satisfied that the following factors and
considerations have been met:
1) the nature and complexity of the action;
2) the potential merit of the claims or defenses of the unrepresented parties;
3) the demonstrated inability of the unrepresented parties to retain an attorney
by other means; and
4) the degree to which the interests of justice, including the benefits to the Court,
will be served by appointment of counsel.
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In reaching this decision, the Court notes several factors that support granting
Plaintiff’s Motion. First, the Motion avers that Plaintiff has no prior experience with
litigation in the federal courts. [#87 at 6] Second, Plaintiff, who is proceeding in forma
pauperis [#5], explains that he is indigent and incarcerated, and thus cannot afford to
retain an attorney. [#87 at 8] Third, this Court has recommended that Plaintiff’s
excessive force claim against Defendant be allowed to proceed past the pleadings
stage, and Defendant has not objected to that Recommendation. [#85] Given Plaintiff’s
lack of any legal experience or training, the Court believes counsel would significantly
assist in completing the discovery process. Finally, in the event that future motions are
filed or the matter proceeds to trial, the Court would benefit by the appointment of
counsel and the framing of legal arguments by someone trained in the law.
Accordingly, IT IS ORDERED:
1. The Motion [# 87] is GRANTED;
2. The Clerk of the Court shall select, notify, and appoint counsel to represent
Plaintiff in this civil matter; and
3. Plaintiff is ADVISED that there is no guarantee that Panel members will
undertake representation in this case, and he remains responsible for all
scheduled matters, including hearings, depositions and written discovery,
motions, and trial, and for complying with the Federal Rules of Civil Procedure
and the Local Rules of the Court.
DATED: April 20, 2018 BY THE COURT:
s/Scott T. Varholak__________
United States Magistrate Judge
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