Jurdis Nelson v. Gregory McLaughlin

Case: 14-10983 Date Filed: 06/25/2015 Page: 1 of 3
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
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No. 14-10983
Non-Argument Calendar
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D.C. Docket No. 5:13-cv-00031-MTT
JURDIS NELSON,
Plaintiff-Appellant,
versus
GREGORY MCLAUGHLIN,
Defendant-Appellee.
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Appeal from the United States District Court
for the Middle District of Georgia
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(June 25, 2015)
Before HULL, MARCUS and JULIE CARNES, Circuit Judges.
PER CURIAM:
Jurdis Nelson, a state prisoner proceeding pro se, appeals the denial of his
motion for appointment of counsel in his 42 U.S.C. § 1983 action. On appeal,
Case: 14-10983 Date Filed: 06/25/2015 Page: 2 of 3
Nelson argues that his case was novel and complex and the district court abused its
discretion by not appointing him counsel. After thorough review, we affirm.
We review the denial of a motion for the appointment of counsel in a civil
case for abuse of discretion. Bass v. Perrin, 170 F.3d 1312, 1319 (11th Cir. 1999).
The trial court has broad discretion in making the determination of whether
appointment of counsel is necessary. Smith v. Fla. Dep’t of Corr., 713 F.3d 1059,
1063 (11th Cir. 2013). While we interpret briefs filed by pro se litigants liberally,
issues not briefed on appeal are deemed abandoned. Timson v. Sampson, 518 F.3d
870, 874 (11th Cir. 2008).1
In general, prisoners raising civil rights claims, like other civil litigants, have
no absolute constitutional right to counsel. Kilgo v. Ricks, 983 F.2d 189, 193
(11th Cir. 1993). Rather, appointment of counsel in civil cases is a privilege
justified only by exceptional circumstances, such as the presence of facts or legal
issues which are so novel or complex as to require the assistance of a trained
practitioner. Id. The key is whether the pro se litigant needs help in presenting the
essential merits of his position to the court. Id.1
Because Nelson does not challenge on appeal the district court’s grant of summary judgment to
McLaughlin, he has waived the argument. See Timson, 518 F.3d at 874. But even though he is
not directly challenging the resolution of his case in this appeal, we nevertheless retain
jurisdiction over his challenge to the district court’s order denying counsel since “an appellate
court could remedy the effects of an erroneous denial of appointed counsel by vacating the
judgment appealed from and ordering a new trial with appointed counsel.” Holt v. Ford, 862
F.2d 850, 854 (11th Cir. 1989).
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Case: 14-10983 Date Filed: 06/25/2015 Page: 3 of 3
Here, Nelson did not present exceptional circumstances that would have
justified the appointment of counsel. His complaint alleged claims of retaliation,
deliberate indifference to his medical needs, and violation of his right to access to
the courts, none of which are sufficiently novel or complex so as to cause
exceptional circumstances. Furthermore, Nelson demonstrated in the district court
that he was capable of representing himself. He articulated his claims for relief in
his complaint and filed several responsive pleadings and motions before the district
court in which he accurately cited the essential facts, legal arguments, and relevant
law. On this record, the interests of justice do not require appointment of counsel,
and the district court did not abuse its discretion in denying his motion to appoint
counsel.
AFFIRMED.
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