Brownlee v. Perry County Sheriff's Department

Filing 30

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion for appointment of counsel is DENIED without prejudice. (Doc. No. 25.). Signed by District Judge Audrey G. Fleissig on 10/20/2015. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
DARNELL BROWNLEE,
Plaintiff,
v.
PERRY COUNTY SHERIFF’S
DEPARTMENT, et al.,
Defendants.

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No. 1:15-cv-00087-AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s second motion (Doc. No. 25) for
appointment of counsel. There is no constitutional right for a pro se plaintiff to have
counsel appointed in a civil case, although the Court has discretion to appoint counsel
when necessary. Chambers v. Pennycook, 641 F.3d 898, 909 (8th Cir. 2011); Phillips v.
Jasper County Jail, 437 F.3d. 791, 794 (8th Cir. 2006). Among the factors a court should
consider in making this determination are the factual and legal complexity of the case, the
ability of the plaintiff to present the facts and his claims, and the degree to which the
plaintiff and the court would benefit from such an appointment. Phillips, 437 F.3d. at
794. Upon review of the record thus far and the relevant factors, the Court finds that
appointment of counsel is unnecessary at this time.

Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion for appointment of counsel is
DENIED without prejudice. (Doc. No. 25.)

________________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 20th day of October, 2015.

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