Johnson v. Glady et al

Filing 27

ORDER denying without prejudice 26 Motion to Appoint Counsel. Signed by Magistrate Judge Jerome T. Kearney on 12/27/2017. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
JAMES JOHNSON
#M28313
v.

PLAINTIFF
3:17CV00008-DPM-JTK

DAVIS GLADY, et al.

DEFENDANTS
ORDER

Pending is Plaintiff’s motion to appoint counsel (Doc. No. 26). As explained in the
Court’s Initial Order for Pro Se Plaintiffs, this is a civil case and Plaintiff has no right to an
appointed lawyer (Doc. No. 5). See Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998) (pro
se litigant does not have statutory or constitutional right to appointed counsel in civil case). At
this point, the Court finds that the factual and legal complexity of the case, the Plaintiff’s ability
to investigate the facts, the presence or absence of conflicting testimony, and the Plaintiff’s
ability to present his claims do not weigh in favor of appointing counsel. See Phillips v. Jasper
County Jail, 437 F.3d 791, 794 (8th Cir. 2006). Accordingly, Plaintiff’s motion is DENIED
without prejudice.
IT IS SO ORDERED this 27th day of December, 2017.

___________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE