Graham v. Ste. Genevieve County Jail et al

Filing 9

MEMORANDUM AND ORDER re: 8 MOTION to Appoint Counsel filed by Plaintiff Jimmy Dale Graham motion is denied IT IS FURTHER ORDERED that plaintiff shall submit an amended complaint on a court-provided form no later than twenty (20) days from the da te of this Memorandum and Order.IT IS FURTHER ORDERED that plaintiffs amended complaint shall comply with the instructions set forth in the Court's August 18, 2015 Memorandum and Order.( Amended/Supplemental Pleadings due by 10/13/2015.)IT IS FU RTHER ORDERED that upon submission of the amended complaint, the Court shall again review this action pursuant to 28 U.S.C. § 1915. IT IS FURTHER ORDERED that the Court shall mail to plaintiff a copy of the Courts Prisoner Civil Rights Complaint form. IT IS FURTHER ORDERED that plaintiffs failure to submit his amended complaint in a timely manner, and in accordance with the instructions set forth by this Court, may result in a dismissal of this action, without prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 9-23-15. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JIMMY DALE GRAHAM,
Plaintiff,
v.
STE. GENEVIEVE COUNTY JAIL, et al.,
Defendants,

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No. 1:15CV111 SNLJ

MEMORANDUM AND ORDER
Before the Court is plaintiff’s motion for appointment of counsel. After considering the
motion and the pleadings, the motion 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.
At this juncture of the case, plaintiff has missed the deadline for filing his amended
complaint. However, in the prior filings before this Court, he demonstrated that he was able to
adequately present his claims to the Court on his own behalf. Moreover, the Court has set forth,
in great detail in its August 18, 2015 Memorandum and Order, how plaintiff should best proceed
with filing an amended complaint in this action. And if plaintiff’s amended complaint passes

review under § 1915, service will be effectuated by the United States Marshal’s Office on
plaintiff’s behalf.
Additionally, neither the factual nor the legal issues in this case are complex. Rather,
plaintiff’s Eighth Amendment claims are relatively straightforward, and are essentially brought
against only a few named defendants.
The Court will deny plaintiff’s motion for appointment of counsel at this juncture, but the
Court will provide plaintiff an additional twenty (20) days to amend his complaint. Plaintiff’s
failure to file his amended complaint in a timely manner could result in a dismissal of this action,
without prejudice.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel [Doc.
#8] is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff shall submit an amended complaint on a
court-provided form no later than twenty (20) days from the date of this Memorandum and
Order.
IT IS FURTHER ORDERED that plaintiff’s amended complaint shall comply with the
instructions set forth in the Court’s August 18, 2015 Memorandum and Order.
IT IS FURTHER ORDERED that upon submission of the amended complaint, the
Court shall again review this action pursuant to 28 U.S.C. § 1915.
IT IS FURTHER ORDERED that the Court shall mail to plaintiff a copy of the Court’s
Prisoner Civil Rights Complaint form.

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IT IS FURTHER ORDERED that plaintiff’s failure to submit his amended complaint in
a timely manner, and in accordance with the instructions set forth by this Court, may result in a
dismissal of this action, without prejudice.
Dated this 23rd day of September, 2015.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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