Burston v. Lacey et al

Filing 27

MEMORANDUM AND ORDER re: 25 MOTION to Appoint Counsel filed by Plaintiff Ronald Dale Burston, Jr., 16 MOTION to Appoint Counsel filed by Plaintiff Ronald Dale Burston, Jr. motions are DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 6/26/13. (MRS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION RONALD DALE BURSTON, JR., Plaintiff, v. PAMELA LACEY, et al. Defendants. ) ) ) ) ) ) ) ) ) Case No. 1:12CV00032 SNLJ MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motions for appointment of counsel, #16 and 25. 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 motions for appointment of counsel is DENIED without prejudice. Dated this 26th day of June, 2013. STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE -2-

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