Theisen v. Fausett, 2:12-cv-00173

Plaintiffs Richard Theisen and Tiffany Theisen filed a civil action (2:12cv173) against Ashton Fausett and others in the District of Utah, Central Division, before District Judge Dale A. Kimball and Magistrate Judge Paul M. Warner.
The court granted Plaintiffs’ in forma pauperis status under 28 U.S.C. § 1915.
Plaintiffs moved for service of process and for appointment of counsel.
The court must screen the complaint under § 1915(e)(2)(B) to determine frivolousness, failure to state a claim, or immunity before ordering service of process.
The court denied the motions for service of process and for appointment of counsel at this time, noting screening and discretion may lead to future service or appointment if warranted.
The memorandum decision is dated September 27, 2012, by Magistrate Judge Paul M. Warner.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether service of process should be ordered now	Theisen seeks service of process.	Not decided until screening; no obligation to serve yet.	Denied in this stage pending screening.
Whether appointment of counsel should be granted	Indigent plaintiffs seek court-appointed counsel.	No guaranteed right to counsel; factors govern appointment.	Denied at this stage; may be reconsidered if warranted.

Williams v. Meese, 926 F.2d 994 (10th Cir. 1991) (no statutory or constitutional right to appointed counsel in civil cases)
Rucks v. Boergermann, 57 F.3d 978 (10th Cir. 1995) (courts consider merits, issues, ability to present claims, and complexity for appointment of counsel)