for the
DISTRICT OF MASSACHUSETTS
)
MOHAN A HARIHAR, )
)
Plaintiff )
) Docket No. TBD
v. )
)
THE UNITED STATES OF AMERICA, )
)
Defendant(s) )
)
The Plaintiff, Mohan A. Harihar, acting pro se, respectfully requests the Courts assistance with
the appointment of counsel. First, the Plaintiff respectfully informs the Court that this complaint
is related to subject matter and associated allegations found within related dockets here in:
3. The Judicial Misconduct Petition pending before the Judicial Council of the First Circuit,
The Plaintiffs request to assist with the appointment of counsel is based on the following:
1. The Plaintiff has NO LEGAL BACKGROUND does not have the financial means to
retain counsel. Both of these FACTS have been recognized by this District Court and the
Appeals Court.
2. Based on the claims listed in the submitted SF-95 form and the additional/expanded
allegations raised against the United States since, legal expertise is required in the
g. Judicial Misconduct;
3. When the United States is the OPPOSING PARTY (as is the case here) and when the
interests of the indigent litigant, although not involving his personal liberty, are
fundamental and compelling, due process and fundamental fairness require a presumption
in favor of appointed counsel. The United States Court of Appeals for the Seventh
Circuit acknowledged that under 28 U.S.C. 1915(d) the district court has broad
discretion to appoint counsel and that the denial of counsel "will not be overturned
The court said that the district court's decision must "rest upon the court's careful
consideration of all the circumstances of the case, with particular emphasis upon certain
factors that have been recognized as highly relevant to a request for counsel.
6. Whether the search for truth will be better served if both sides are represented by
7. Capability of the plaintiff to present his case. The court of appeals quoted Gordon v.
Leeke, "If it is apparent to the district court that a pro se litigant has a colorable claim but
lacks the capacity to present it, the district court should appoint counsel to assist him.;
8. The district court should consider the complexity of the legal issues the claim(s) raises.
When the law is so clearly settled that counsel will serve no purpose, the court should
deny a request for counsel. When, however, the law is not clear, justice will be better
9. While the Plaintiff understands that assistance with the appointment of counsel is rare, it
SHOULD be recognized that the Courts assistance per Title 28 U.S.C. 1915 is clearly
warranted here, in what many would certainly consider as a TEXTBOOK case example.
10. Refusal to assist with the appointment of counsel will show cause to expand upon
existing claims against the United States. The Plaintiffs filed complaint brings multiple
claims against the United States. The Court is aware that ALL three (3) branches of
government previously received notice of the Plaintiffs legal intentions, including the
required SF-95 form. The Plaintiff (through related litigation) previously offered the
through the District court to get a response. Counsel is needed to assist with addressing
Refusing to assist the Plaintiff/Appellant with the appointment of counsel will show cause
to expand upon existing (and potentially new) claims against the United States.
Under Federal Rule of Civil Procedure 11, by signing below, I certify to the best of my
knowledge, information, and belief that this Notice: (1) is not being presented for an improper
purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation;
reversing existing law; (3) the factual contentions have evidentiary support or, if specifically so
identified, will likely have evidentiary support after a reasonable opportunity for further
investigation or discovery; and (4) the Motion otherwise complies with the requirements of Rule
11.
If the Court has even the slightest question regarding ANY portion of this motion, the Plaintiff is
Mohan A. Harihar
Plaintiff
7124 Avalon Drive
Acton, MA 01720
617.921.2526 (Mobile)
Mo.harihar@gmail.com