Moon v. Jordan et al
MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel [ECF No. 23] is DENIED without prejudice. IT IS FURTHER ORDERED that plaintiffs motion to stay proceedings [ECF No. 24]is DENIED. Signed by District Judge Ronnie L. White on 3/7/16. (MRS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DARNELL WESLEY MOON,
JOHN JORDAN, et al. ,
No. 1:15CV167 RLW
MEMORANDUM AND ORDER
Plaintiff moves for appointment of counsel and motion to stay proceedings. The motions
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 plaintiffs 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 .
Plaintiff has presented non-frivolous allegations in his complaint.
However, he has
demonstrated, at this point, that he can adequately present his claims to the Court. Additionally,
neither the factual nor the legal issues in this case are complex.
Plaintiff moves to stay these proceedings because he is currently detained at the Ste.
Genevieve County Jail and he anticipates being transferred to a BOP facility soon. Transfers
between prisons are common occurrences and do not constitute cause to stay court proceedings.
IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel [ECF
No. 23] is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiffs motion to stay proceedings [ECF No. 24]
day of March, 2016.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE
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