Davila v. Erickson & Jensen Seafood Packers
2:12-cv-00283
S.D. Tex.Dec 18, 2012Background
- Davila, Jr. filed a pro se maritime/Jones Act action against Erickson & Jensen Seafood Packers et al.
- Motion for appointment of counsel filed as D.E. 9 and remains pending.
- Court acknowledges no constitutional right to counsel in civil cases.
- Court applies Jackson factors to determine appointment of counsel.
- Court finds factors do not warrant appointment at this stage and denies without prejudice.
- Order issued December 18, 2012, by Magistrate Judge Brian L. Owlsley.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel should be appointed for plaintiff. | Davila seeks appointed counsel. | Appointment not required; factors weigh against. | Not warranted at this time. |
Key Cases Cited
- Baranowski v. Hart, 486 F.3d 112 (5th Cir. 2007) (no constitutional right to counsel in civil cases; exceptional circumstances required)
- Akasike v. Fitzpatrick, 26 F.3d 510 (5th Cir. 1994) (no automatic right to counsel; consider factors)
- Cupit v. Jones, 835 F.2d 82 (5th Cir. 1987) (exceptional circumstances standard for appointment)
- Jackson v. Dallas Police Dept., 811 F.2d 260 (5th Cir. 1986) (Jackson factors for appointing counsel)
- Ulmer v. Chancellor, 691 F.2d 209 (5th Cir. 1982) (supports consideration of listed factors)
- Norton v. Dimazana, 122 F.3d 286 (5th Cir. 1997) (reinforces examination of factors in decision)