3With regard to the complexity of the case, “[t]he key [question] is whether the prose litigant needs help in presenting
the essential merits
of his or her position to thecourt. Where the facts and issues are simple, he or she usually will not need suchhelp.” Kiglo, at 983 F.2d at 193 (emphasis added). The issues raised in the plaintiff’spleadings are not legally or factually complex. As evident from the pleadings, theplaintiff was able to research the subject matter and provide background and legalallegations without the assistance of counsel. While legal assistance in this case maybe beneficial, the claims asserted by the plaintiff do not constitute novel or complexissues.The merits of the case are unclear and, at least based on the facts alleged in theMotion for the Return of Property, do not seem particularly strong. The claims assertedin the Motion for the Return of Property do not involve complex or novel legal issues.Therefore, the circumstances in this case do not rise to the level of “exceptional.” Theplaintiff’s Motion to Appoint Counsel (DE# 8, 1/31/11) and his second Motion for the Appointment of Counsel (DE# 13, 3/28/11) are DENIED.The plaintiff may contact the Volunteer Lawyers Project, located at 100 SE 2ndStreet, # 4320, Miami, FL 33131-2113, tel. (305) 373-4334, to determine whether hecan obtain free legal assistance with this case.
DONE AND ORDERED
in Chambers at Miami, Florida this
day of March,2011.__________________________________ JOHN J. O’SULLIVANUNITED STATES MAGISTRATE JUDGE
Case 1:11-cv-20120-PAS Document 18 Entered on FLSD Docket 03/30/2011 Page 3 of 4