Taylor v. Griffith et al

Filing 45

MEMORANDUM AND ORDER re: 43 MOTION to Appoint Counsel filed by Plaintiff Samuel Lewis Taylor motion is DENIED without prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 12/27/12. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
SAMUEL LEWIS TAYLOR,
Plaintiff,
v.
RICKEY BAILEY, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 1:11CV00174 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s second motion for appointment
of counsel, #43. The motion will be denied.
There is no constitutional or statutory right to appointed counsel in civil cases.
Nelson v. Redfield Lithograph Printing, 728 F.2d 1003, 1004 (8th Cir. 1984). In
determining whether to appoint counsel, the Court considers several factors,
including (1) whether the plaintiff has presented non-frivolous allegations supporting
his or her prayer for relief; (2) whether the plaintiff will substantially benefit from the
appointment of counsel; (3) whether there is a need to further investigate and present
the facts related to the plaintiff’s allegations; and (4) whether the factual and legal
issues presented by the action are complex. See Johnson v. Williams, 788 F.2d 1319,
1322-23 (8th Cir. 1986); Nelson, 728 F.2d at 1005.

After considering these factors, the Court finds that the facts and legal issues
involved are not so complicated that the appointment of counsel is warranted at this
time.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s second motion for appointment
of counsel is DENIED without prejudice.
Dated this 27th day of December, 2012.

UNITED STATES DISTRICT JUDGE

-2-