Brownlee v. Perry County Sheriff's Department
Filing
5
MEMORANDUM AND ORDER re: 4 MOTION to Appoint Counsel filed by Plaintiff Darnell Brownlee. IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel is DENIED without prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 6/2/15. (CSG)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
DARNELL BROWNLEE,
Plaintiff,
v.
PERRY COUNTY SHERIFF’S
DEPARTMENT,
Defendant.
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No. 1:15CV87 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.
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 is
DENIED without prejudice.
Dated this 2nd day of June, 2015.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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