Hopkins v. Reed et al
Filing
22
MEMORANDUM AND ORDER re: 21 MOTION to Appoint Counsel filed by Plaintiff Larry L. Hopkins; IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [Doc. #21] is DENIED, without prejudice. Signed by Magistrate Judge Lewis M. Blanton on 1/15/2014. (JMC)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
LARRY L. HOPKINS,
Plaintiff,
v.
UNKNOWN REED, et al.,
Defendants.
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No. 1:13-CV-126-LMB
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion of for appointment of
counsel [Doc. #21]. The motion will be denied without prejudice.
“A pro se litigant has no statutory or constitutional right to have counsel
appointed in a civil case.” Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998).
When determining whether to appoint counsel for an indigent litigant, the Court
considers relevant factors, such as the complexity of the case, the ability of the pro se
litigant to investigate the facts, the existence of conflicting testimony, and the ability
of the pro se litigant to present his or her claim. Id.
After reviewing these factors, the Court finds that the appointment of counsel is
not warranted at this time. This case is neither factually nor legally complex.
Moreover, it is evident that plaintiff is able to present his claims, because the Court has
ordered defendants to respond to plaintiff’s claims. Consequently, the motion shall be
denied at this time, without prejudice to refiling at a later time.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel
[Doc. #21] is DENIED, without prejudice.
Dated this 15th
Day of January, 2014.
UNITED STATES MAGISTRATE JUDGE
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