Morrow v. Arkansas Department of Correction et al

Filing 24

ORDER granting 23 Motion for Extension of Time to File Response/Reply re 21 REPORT AND RECOMMENDATIONS; denying motion to compel and for appointment of counsel. Signed by Judge James M. Moody on 3/28/11. (kpr)

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Morrow v. Arkansas Department of Correction et al Doc. 24 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION BARRY ISAAC MORROW ADC #143825 v. CASE NO. 5:10CV00286 PLAINTIFF ARKANSAS DEPARTMENT OF CORRECTION, ET. AL. DEFENDANTS ORDER Pending is Plaintiff's motion to appoint counsel, for extension of time and to compel (docket entry #23). Plaintiff asks the Court to appoint legal counsel to represent him in this case. "Indigent civil litigants do not have a constitutional or statutory right to appointed counsel." Edgington v. Missouri Dept. of Corrections, 52 F.3d 777, 780 (8th Cir. 1995). "The trial court has broad discretion to decide whether both the plaintiff and the court will benefit from the appointment of counsel, taking into account the factual and legal complexity of the case, the presence or absence of conflicting testimony, and the plaintiff's ability to investigate the facts and present his claim." Davis v. Scott, 94 F.3d 444, 447 (8th Cir. 1996). The Court finds that the factual and legal issues raised in the complaint are not so complex as to warrant appointment of counsel at this time. In the interest of justice, the Court will allow Plaintiff up to and including April 11, 2011, in which to file his objections to the proposed findings and recommendations. Plaintiff's motion to compel is denied. IT IS SO ORDERED this 28th day of March, 2011. ______________________________ James M. Moody United States District Judge

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