Larde v. USA

Filing 11

ORDER directing the Clerk to forward a copy of 7 MOTION for Default Judgment filed by Robert J Larde, which the Court construes as a Motion for Clerk's Default, to the U.S. Attorney Christopher R. Thyer. Plaintiff's 8 MOTION to Appoint Counsel is denied without prejudice. Signed by Judge James M. Moody on 3/25/2011. (jct)

Larde v. USA

Doc. 11

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION

ROBERT J. LARDE VS. CASE NO. 3:10CV00212 JMM

PLAINTIFF

UNITED STATES OF AMERICA

DEFENDANT

ORDER The Clerk of the Court is directed to forward a copy of Plaintiff's Motion for Default which the Court construes as a Motion for a Clerk's Default to the United States Attorney Christopher R. Thyer, P.O. Box 1229, Little Rock, AR 72203. Plaintiff has also filed a Motion for Appointment of Counsel. "There is no statutory or constitutional right to counsel in civil cases." Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir.2006). "The relevant criteria for determining whether counsel should be appointed include the factual complexity of the issues, the ability of the indigent person to investigate the facts, the existence of conflicting testimony, the ability of the indigent person to present the claims, and the complexity of the legal arguments." Id. After reviewing these factors, the Court finds that appointment of counsel would not be necessary at this stage of the litigation. Therefore, Plaintiff's Motion for Appointment of Counsel is denied without prejudice (#8). IT IS SO ORDERED THIS 25 day of March , 2011.

James M. Moody United States District Judge

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