Palmer v. Wallace et al

Filing 18

MEMORANDUM AND ORDER..GRANTING: 7 MOTION for Leave to File and Amended Complaint filed by Plaintiff Cornellius Palmer, DENYING without prejudice 3 MOTION to Appoint Counsel filed by Plaintiff Cornellius Palmer. IT IS FURTHER ORDERED that def ense counsel shall submit the last known residential address for Stephen Bergeron to the Court, in camera, within fourteen (14) days of the date of this Order.( Response to Court due by 5/5/2014.). Signed by District Judge Stephen N. Limbaugh, Jr on 4/21/14. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
CORNELLIUS PALMER,
Plaintiff,
v.
IAN WALLACE, et al.,
Defendants,

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No. 1:14CV00009 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for leave to file an amended
complaint, motion for appointment of counsel, and upon the unexecuted waiver of service as to
defendant Stephen Bergeron.
Plaintiff may amend his complaint as a matter of course under Rule 15(a). So, the motion
to amend will be granted.
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. Therefore, the motion for appointment of counsel will be
denied without prejudice.
Counsel for defendant Wallace has informed the Court that he cannot waive service for
Bergeron because Bergeron no longer works for the Missouri Department of Corrections, and
counsel has attempted to contact Bergeron several times without success. The Court will direct
counsel to submit the last known residential address for Bergeron to the Court, in camera, so that
the Court may attempt to serve process on Bergeron.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for leave to file an amended
complaint [ECF No. 7] is GRANTED.
IT IS FURTHER ORDERED that plaintiff’s motion for appointment of counsel [ECF
No. 3] is DENIED without prejudice.
IT IS FURTHER ORDERED that defense counsel shall submit the last known
residential address for Stephen Bergeron to the Court, in camera, within fourteen (14) days of
the date of this Order.
Dated this 21st day of April, 2014.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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