McCaa v. Hamilton

Dist. Ct. did not abuse its discretion in denying plaintiff-prisoner's fourth request for recruitment of counsel prior to reinstating grant of defendants-prison officials' motion for summary judgment in section 1983 action, alleging that defendants were deliberately indifferent to plaintiff's own threats to commit suicide or to otherwise harm himself. Decision to recruit counsel should be informed by realities of recruiting counsel, and instant district used voluntary panel of attorneys, rather than involuntary appointment system, which made it more difficult to convince local counsel to take such cases. As such, Dist. Ct. could consider its scarce resources of volunteer attorneys and how they should be distributed when determining whether to grant request for recruitment of counsel. Moreover, Dist. Ct. adequately inquired into plaintiff's ability to litigate instant straight-forward case and noted plaintiff's ability to send and receive correspondence, make copies, write motions and briefs and perform legal research. Dist. Ct. further noted that: (1) plaintiff's briefs had been carefully edited to include appropriate arguments and citations to evidence; and (2) plaintiff had demonstrated ability to conduct discovery. Fact that plaintiff had been transferred to different prison during pendency of case did not require different result.