6:23-cv-00207•Cathey v. Everett et al
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF OKLAHOMA BILL CATHEY, Plaintiff, v. Case No. 23-CV-207-JFH-GLJ LEISHA VON EVERETT, et al., Defendants. OPINION AND ORDER Plaintiff Bill Cathey (“Plaintiff”) filed a motion requesting the Court to appoint counsel. Dkt. No. 3. He bears the burden of convincing the Court that his claim has sufficient merit to warrant such appointment. McCarthy v. Weinberg, 753 F.2d 836, 838 (10th Cir. 1985) (citing United States v. Masters, 484 F.2d 1251, 1253 (10th Cir. 1973)). The Court has carefully reviewed the merits of Plaintiff’s claims, the nature of factual issues raised in his allegations, and his ability to investigate crucial facts. McCarthy, 753 F.2d at 838 (citing Maclin v. Freake, 650 F.2d 885, 887-88 (7th Cir. 1981)). After considering Plaintiff’s ability to present his claims and the complexity of the legal issues raised by the claims, the Court finds that appointment of counsel is not warranted. See Williams v. Meese, 926 F.2d 994, 996 (10th Cir. 1991); see also Rucks v. Boergermann, 57 F.3d 978, 979 (10th Cir. 1995). If Plaintiff requires additional time to comply with the Court’s orders, he may request it. IT IS THEREFORE ORDERED that Plaintiff’s motion for appointment of counsel [Dkt. No. 3] is DENIED. Dated this 2nd day of November 2023. ____________________________________ JOHN F. HEIL, III UNITED STATES DISTRICT JUDGE 6:23-cv-00207-JFH-GLJ Document 12 Filed in ED/OK on 11/02/23 Page 1 of 1
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