Carney v. Carr

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JAMIE CARNEY,
Plaintiff,
v.
SARA E. CARR,
Defendant.
Case No. 25-CV-2770-KHV-TJJ
ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF’S MOTION TO REQUEST RECRUITMENT OF COUNSEL
Plaintiff, proceeding pro se se and in forma pauperis,1 filed a Complaint for Enforcement
of Affidavit of Support (Form I–864) (“Complaint”) pursuant to 8 U.S.C. § 1183a(e)(1). This
matter comes before the Court on Plaintiff’s Motion to Request Recruitment of Counsel (ECF No.
11). Plaintiff requests the Court appoint counsel to represent him in this case to assist with the
efficient presentation of the claims and any anticipated motion practice and discovery.
While a defendant in a criminal action has a constitutional right to be represented by an
attorney, it is well settled that a party in a civil action has no right to appointment of counsel.2
Under 28 U.S.C. § 1915(e)(1), a court “may request an attorney to represent any person unable to
afford counsel.” The appointment of counsel under 28 U.S.C. § 1915(e)(1) is a matter within the
discretion of the district court.3 In determining whether to appoint counsel under § 1915(e)(1), the
1See Order Granting Motion to Proceed Without Prepayment of Fees (ECF No. 8).
2Durre v. Dempsey, 869 F .2d 543, 547 (10th Cir. 1989).
3Johnson v. Johnson, 466 F.3d 1213, 1217 (10th Cir. 2006) (a district court has discretion to request
Case 2:25-cv-02770-KHV-JBW Document 13 Filed 03/03/26 Page 1 of 3

2
district court may consider a variety of factors, including: (1) the merits of the litigant’s claims,
(2) the nature of the factual issues raised in the claims, (3) the litigant’s ability to present his/her
claims, and (4) the complexity of the legal issues raised by the claims.4 Further, the party
requesting the appointment of counsel must make diligent efforts to secure an attorney on his own.5
This District’s form motion for appointment of counsel in a civil case requires a movant to list at
least five attorneys contacted before filing the motion. 6
The Court has considered Plaintiff’s Motion for Appointment of Counsel under the above-
referenced factors. The Court has already granted Plaintiff's motion to proceed in forma pauperis
in this case. The Court also notes that Plaintiff lists an address in Dublin, Ireland. Plaintiff’s
motion, however, does not indicate whether Plaintiff contacted any Kansas attorneys or law firms
about representation in his case before filing his motion. A review of Plaintiff’s other filings to
date shows that he appears capable of adequately representing himself without counsel at this stage
of the proceedings. “Although a court may well appoint counsel at the outset of a case, it might
also decide to postpone the decision—for example, until after resolution of dispositive motions—
in order to give itself both more time and more information to evaluate the plaintiff's capabilities
an attorney to represent a litigant who is proceeding in forma pauperis under 28 U.S.C. § 1915(e)(1)).
4Hill v. SmithKline Beecham Corp., 393 F.3d 1111, 1115 (10th Cir. 2004) (citing Rucks v.
Boergermann, 57 F.3d 978, 979 (10th Cir. 1995)).
5 Cline v. Seal, No. 22-CV-4009-TC-TJJ, 2022 WL 873419, at *2 (D. Kan. Mar. 24, 2022).
6 The form motion for appointment of counsel is available on the Court’s website at
https://www.ksd.uscourts.gov/sites/ksd/files/Motion-for-appointment-of-counsel-2018.pdf.
Case 2:25-cv-02770-KHV-JBW Document 13 Filed 03/03/26 Page 2 of 3

3
and the merits of the case.”7 The Court therefore denies Plaintiff's motion without prejudice to the
refiling of the motion at a later stage of the proceedings, if warranted.
IT IS THEREFORE ORDERED that Plaintiff’s Motion to Request Recruitment of
Counsel (ECF No. 11) is denied without prejudice.
IT IS SO ORDERED.
Dated March 3, 2026, at Kansas City, Kansas.
7 Cline v. Russo, No. 22-cv-4010-TC-TJJ, 2022 WL 873418, at *2 (D. Kan. Mar. 24, 2022) (quoting
Ficken v. Alvarez, 146 F.3d 978, 981 (D.C. Cir. 1998)).
Teresa J. James
U.S. Magistrate Judge
Case 2:25-cv-02770-KHV-JBW Document 13 Filed 03/03/26 Page 3 of 3