Starkes v. Annucci

Background

Starkes was proceeding without a lawyer and without paying the filing fee. He asked the court to appoint a free lawyer and to extend the time to comply with the court's November 13, 2019, order requiring him to amend his complaint. In support of appointment of counsel, he stated that he lacked the skills to read or write and could not understand the full scope of his rights.

Rulings and reasoning

The court denied the request for appointment of counsel without prejudice. It considered the type and complexity of the case, the merits of the claims, and Starkes's ability to present the case. The court said Starkes's assertions about being unable to read, write, and understand his rights were contradicted by his activity and filings in this case and others. It found no exceptional circumstances warranting appointment of counsel at that time.

The court denied the request for an extension of time. Starkes had already filed an amended complaint dated November 26, 2019, so the court concluded that he did not need additional time to comply with the November 13 order.

Disposition

The court denied the motion for appointment of counsel without prejudice and denied the motion for an extension of time. It certified under 28 U.S.C. § 1915(a)(3) that any appeal from the order would not be taken in good faith and denied fee-free status for purposes of an appeal. The clerk was directed to terminate the two motions and mail a copy of the order to Starkes.