Wiggins v. Segwick, 1:23-cv-00078

Plaintiff Joshua Lee Wiggins, an incarcerated pro se litigant, filed a Prisoner Civil Rights Complaint and moved to proceed in forma pauperis (IFP).
Wiggins’s inmate account statement showed a balance of $1,346.07.
The Court applied 28 U.S.C. § 1915(a)(1) and denied IFP because the account balance indicated ability to prepay the $402 filing fee; Wiggins was ordered to prepay within 30 days or face dismissal.
The Complaint lists the Law Office of Joel Meyers as an address but is handwritten and signed by Wiggins, with a P.O. Box at Torrance County Detention Facility also provided.
The Court ordered that if Meyers is retained counsel he must formally enter an appearance under local rule within 30 days; otherwise Meyers must cease participation and the Clerk will send correspondence to Wiggins at the detention facility.
Wiggins’s request that the Court appoint counsel was denied; the Court explained it may only request (not appoint) counsel in § 1983 cases and declined to ask a local attorney to take the case pro bono after weighing relevant factors.

Issue	Plaintiff's Argument	Defendant's Argument	Held
IFP eligibility under 28 U.S.C. § 1915(a)(1)	Wiggins seeks waiver of the $402 filing fee due to indigence	No opposing argument presented in the Order	Denied; account balance ($1,346.07) shows ability to prepay; must pay $402 in 30 days or case dismissed
Request to appoint counsel for § 1983 claims	Wiggins requests the Court to appoint/obtain counsel (Joel Meyers)	N/A	Denied; courts may only request counsel and the Court declines to do so given claim nature, merits, and plaintiff's ability to proceed
Whether listed law office means retained counsel must appear	Wiggins listed Law Office of Joel Meyers on Complaint but signed pro se and provided detention facility address	N/A	Court ordered Meyers to enter an appearance within 30 days if retained, otherwise cease participation; Clerk will mail to plaintiff's detention address
Notice and consequences of noncompliance	(Implicit) Wiggins needs notice of fee deadline and representation requirements	N/A	Clerk to mail Order to both the law office and detention facility; failure to prepay fee within 30 days will result in dismissal without further notice

Rachel v. Troutt, 820 F.3d 390 (10th Cir. 2016) (courts may request but not appoint counsel in § 1983 actions)
Toevs v. Reid, 685 F.3d 903 (10th Cir. 2012) (factors for requesting counsel include merits, complexity, and plaintiff's ability to present claims)