Coleman v. Hakala et al

Filing 19

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [Doc. #18] is DENIED without prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 7/24/2013. (JMC)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION ALONZO DWAYNE COLEMAN, Plaintiff, v. MICHAEL HAKALA, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 1:13CV61 SNLJ MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motion for appointment of counsel. The motion will be denied at this time. 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. Additionally, plaintiff has so far been able to represent himself in this matter and present his facts in a reasonably articulate manner. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel [Doc. #18] is DENIED without prejudice. Dated this 24th day of July, 2013. STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE -2-

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