Bonneau v. LaManna

Background

Jude Bonneau, the petitioner, asked the court for appointment of counsel in this civil matter. The order states that Bonneau was representing himself. This was his third request for appointed counsel.

Earlier Requests

The court had previously denied two requests. On August 6, 2019, Magistrate Judge Lisa Margaret Smith denied Bonneau’s oral request after applying the factors from Hodge v. Police Officers, the standard used in that court’s circuit to decide whether appointing counsel in a civil case is appropriate. On June 4, 2020, Magistrate Judge Smith denied Bonneau’s written request. That request was based on the death of Bonneau’s legal assistant from COVID-19.

The June 4 order explained that Bonneau had not addressed the court’s earlier findings that he had not shown his claims were likely to succeed, had provided insufficient information about his efforts to obtain counsel, and was capable of handling the case without assistance at that time.

Third Request and Ruling

Bonneau’s November 14, 2020 letter, received and docketed on November 30, was his third request for counsel. The court said the letter again referred to the death of his legal assistant but did not explain how Bonneau now satisfied the relevant factors. The court concluded that the letter simply repeated the request previously denied.

Judge Andrew E. Krause denied Bonneau’s third request for appointment of counsel without prejudice, relying on the reasons in Magistrate Judge Smith’s earlier rulings. The clerk was directed to mail a copy of the order to Bonneau.