Charles Salmon appeals from the district court’s order denying his request for appointed counsel. Salmon is a school teacher who cоmplains of age discrimination by four public school districts. Because we find no error in the district court’s application in this case of the four fаctors we set forth in
Ulmer v. Chancellor,
There is no automatic right tо the appointment of counsel; and in a civil case a federal court has considerable discretion in determining whether to appоint counsel.
Ulmer,
at 212;
Branch v. Cole,
First, the district court evaluated pеtitioner’s request in light of the following four factors set forth in Ulmer: (1) the type and complexity of the case; (2) whether petitioner is capable of presenting his case adequately; (3) whether petitioner is in a position to investigate the case adequately; and (4) whether the evidence will сonsist in large part of conflicting testimony, so as to require skill in the presеntation of evidence and in cross examination. Both the district court аnd the magistrate concluded that age discrimination claims do not prеsent great complexity. Based upon petitioner’s higher education, on petitioner’s prior experience in representing himself (including the filing of at least seven lawsuits, eleven complaints with the EEOC, twenty complaints with the Texas Education Agency and ten grievances against attorneys), and on petitioner’s demonstrated ability in the current case to file motiоns and submit timely objections to the magistrate’s memorandum and recommendations, the district court properly concluded that petitioner was capable of presenting his own ease. At the present stage of thаt case, the district court found neither any indication that plaintiff could not investigate his case nor any indication of testimony which would require skilled cross examination. Offering only bare conclusory statements, petitioner has wholly failed to demonstrate that the district court abused its discretion in rеaching any of the above conclusions.
Second, the court assessed petitioner’s request for counsel under the standard for appоintment in Title VII cases. We have stated that here the proper considerations include the probable success of the claim, the efforts by the plaintiff to retain counsel, and the plaintiff’s financial ability.
Neal v. IAM Local Lodge 2386,
AFFIRMED.
