United States District Court, D. Kansas
KATHY V. BEDDOW, Plaintiff,
JAY RHODES, Defendant.
MEMORANDUM AND ORDER
J. JAMES UNITED STATES MAGISTRATE JUDGE
proceeding pro se and in forma pauperis,
filed this action alleging civil rights violations against
Jay Rhodes, Captain of the Federal Bureau of Prisons.
Plaintiff has filed a motion to reconsider, or in the
alternative, a renewed motion for appointment of counsel (ECF
No. 21). The Court previously denied Plaintiff's request
for appointment of counsel (ECF No. 14). In that order, the
Court found Plaintiff's claims were straightforward and
uncomplicated, and that Plaintiff showed sufficient
understanding of the rules and procedures to adequately
represent herself. For the reasons discussed below, the Court
denies Plaintiff's motion to reconsider that order.
of Kansas Rule 7.3(b) permits a party to file a motion
seeking reconsideration of a non-dispositive order, such as
an order denying appointment of counsel. The motion to
reconsider must be based on “(1) an intervening change
in controlling law, (2) the availability of new evidence, or
(3) the need to correct clear error or prevent manifest
injustice.” A motion to reconsider is appropriate if
the court has obviously misapprehended a party's
position, the facts, or applicable law or if the party
produces new evidence that could not have been obtained
through the exercises of due diligence. Such motions are
not appropriate if the movant only wants the court to revisit
issues already addressed or to hear new arguments or
supporting facts that could have been presented
originally. Whether to grant or deny reconsideration
lies within the court's sound discretion. The movant has
the burden to show an adequate reason to reconsider the prior
order of the court.
motion for reconsideration, Plaintiff does not cite or argue
any of the enumerated grounds set forth in D. Kan. Rule
7.3(b) for granting reconsideration of a non-dispositive
order. She merely restates the reasons she believes she is
entitled to counsel given in her original motion for
appointment of counsel, such as her lack of education and
age. She says she is “physically and mentally unable to
proceed in this cause” without counsel or the
assistance of her incarcerated son, but she does not provide
any further details or explanation. She cites Fed.R.Civ.P. 59(e)
in support of her request, stating it applies “because
of the newly discovered evidence” after her motion for
appointment of counsel was filed. She does not explain what
this “newly discovered evidence” is other than
the “actions of the defendant and his crony's
(sic).”Nothing in Plaintiff's motion changes
the Court's findings with respect to whether
Plaintiff's claims are straightforward and uncomplicated,
and whether Plaintiff has shown sufficient understanding of
the rules and procedures to adequately represent herself at
this stage of the proceedings.
Plaintiff's alternative request to renew her motion for
appointment of counsel, Plaintiff has failed to present any
new evidence or argument from what she originally presented.
She incorporates the facts stated in her motion for temporary
restraining order (ECF No. 11), and in a letter from her son
(ECF No. 13). The Court has denied Plaintiff's motion for
temporary restraining order for several reasons, stating
again that it is well settled “that a party in a civil
action has no right to appointment of
IS THEREFORE ORDERED BY THE COURT that
Plaintiff's Motion to Reconsider Motion for Appointment
of Counsel (Doc. 8), or in the Alternative Motion to Renew
Motion for Appointment of Counsel (ECF No. 21) is denied.
IS SO ORDERED.
 See ECF No. 4.
 D. Kan. Rule 7.3(b). The Tenth Circuit
has adopted the same standard. See, e.g.,
Servants of Paraclete v. Does, 204 F.3d 1005, 1012
(10th Cir. 2000); Brumark Corp. v. Samson Res.
Corp., 57 F.3d 941, 944 (10th Cir. 1995).
 Comeau v. Rupp, 810 F.Supp.
1172, 1174-75 (D. Kan. 1992).
 Van Skiver v. United States,
952 F.2d 1241, 1243 (10th Cir. 1991).
Rand v. Wolf Creek Nuclear
Operating Corp., No. 11-4136-KHV, 2012 WL 1154509, at *2
(D. Kan. ...