Latimer v. Schnell

Background

Mark Latimer sued Paul Schnell and William Bolin in their official capacities. The order does not describe the claims in the amended complaint. It states that the matter had survived the initial review required by 28 U.S.C. § 1915A. Latimer had applied to proceed without paying the entire filing fee at the outset and had satisfactorily paid the required initial partial filing fee.

Orders on service and fees

The court directed the U.S. Marshals Service to serve Schnell and Bolin, in their official capacities as agents of the State of Minnesota, under Rule 4(j) of the Federal Rules of Civil Procedure. The court also ordered Latimer to pay the remaining $150 of the statutory filing fee under 28 U.S.C. § 1915(b)(2). The Clerk of Court was directed to notify the authorities at the institution where Latimer is confined about that payment requirement.

Appointment of counsel

The court denied Latimer’s motion for appointment of counsel. It explained that a self-represented party generally has no statutory or constitutional right to appointed counsel in a civil case, and that appointment is left to the district court’s discretion. The court found that it was not yet clear whether counsel would benefit Latimer or the court, particularly because the defenses to the amended complaint were not yet known. The court stated that it would reconsider the request on its own if later circumstances warranted it.

Disposition

The order denied the motion for appointment of counsel and directed service and payment-related steps to continue. It did not decide the underlying legal claims.