Conrad v. USA

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant's motion for an evidentiary hearing [ECF No. 2] is DENIED without prejudice. IT IS FURTHER ORDERED that movant's motion for appointment of counsel [ECF No. 3] is DENIED without prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 6/10/2015. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
WILLIAM DESMOND CONRAD,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 1:15CV107 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on movant’s motions for an evidentiary hearing and for
appointment for counsel. The motions are denied.
Rule 8(a) of the Rules Governing § 2255 Proceedings requires the Court “to review the
answer, any transcripts and records of prior proceedings, and any materials submitted under Rule
7 to determine whether an evidentiary hearing is warranted.” None of these materials are before
the Court. As a result, the motion for an evidentiary hearing is denied without prejudice.
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. This action does not appear to be

factually or legally complex. Additionally, movant has clearly presented his claims to this Court.
As a result, the motion for appointment of counsel is denied without prejudice.
Accordingly,
IT IS HEREBY ORDERED that movant’s motion for an evidentiary hearing [ECF No.
2] is DENIED without prejudice.
IT IS FURTHER ORDERED that movant’s motion for appointment of counsel [ECF
No. 3] is DENIED without prejudice.
Dated this 10th day of June, 2015.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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