Manuel v. Phillips et al

Filing 11

MEMORANDUM AND ORDER re: 5 MOTION to Appoint Counsel filed by Plaintiff Michael T. Manuel. IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF. No. 5] is DENIED without prejudice. Signed by District Judge John A. Ross on 10/15/14. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MICHAEL T. MANUEL

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Plaintiffs,
v.
PAULA PHILLIPS, et. al.,

Defendants.

No. 1:14-CV-104-JAR

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.
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 motion for appointment of counsel [ECF.
No. 5] is DENIED without prejudice.

Dated this 15th day of October, 2014.

_______________________________
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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