Pritchett v. Wallace et al

Filing 28

MEMORANDUM AND ORDER re: 25 MOTION to Appoint Counsel filed by Plaintiff Eric Pritchett motion is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 12/4/13. (MRS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION ERIC PRITCHETT, Plaintiff, v. IAN WALLACE, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 1:13CV100 SNLJ MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motion for appointment of counsel. 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. While plaintiff has several different claims against twenty-four defendants, none of the claims, by themselves, are factually or legally complex. As of this time, plaintiff has shown that he is able to set forth his claims in a clear and reasonable manner. As a result, the Court finds that appointment of counsel is not warranted at this time. The Court may reconsider this decision at a later date. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel [ECF No. 25] is DENIED. Dated this 4th day of December, 2013. STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE -2-

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