Moon v. Jordan et al

Filing 85

MEMORANDUM AND ORDER re: 45 MOTION to Appoint Counsel filed by Plaintiff Darnell Wesly Moon. IT IS HEREBY ORDERED that Plaintiffs Third Motion for Appointment of Counsel (ECF No. 45) is DENIED, without prejudice. Signed by District Judge Ronnie L. White on 11/8/17. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

DARNELL WESLEY MOON,
Plaintiff,
v.
JOHN JORDAN, SHERIFF, et al.,
Defendants.

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Case No.

1:15CV167 RLW

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs Third Motion for Appointment of Counsel
(ECF No. 45).
There is no constitutional or statutory right to appointed counsel in a civil case. Nelson v.

Redfield Lithograph Printing, 728 F.2d 1003, 1004 (8th Cir. 1984). In determining whether to
appoint counsel, courts consider factors that include whether the plaintiff has presented
non-frivolous allegations supporting his prayer for relief, whether the plaintiff will substantially
benefit from the appointment of counsel, whether there is a need to further investigate and present
the facts related to the plaintiffs allegations, and whether the factual and legal issues presented by
the action are complex. See Battle v. Armantrout, 902 F.2d 701, 702 (8th Cir. 1990); Johnson v.

Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986); Nelson, 728 F.2d at 1005.

After considering Plaintiffs Third Motion for Appointment of Counsel, in view of the
relevant factors, the Court finds that the facts and legal issues presented in the instant case are not
so complex as to warrant the appointment of counsel at this time. In addition, the pleadings filed
by Darnell Wesley Moon, indicate that he is capable of presenting the facts and legal issues
without the assistance of counsel. Plaintiffs Third Motion for Appointment of Counsel will
therefore be denied.
Accordingly,

IT IS HEREBY ORDERED that Plaintiffs Third Motion for Appointment of Counsel
(ECF No. 45) is DENIED, without prejudice.

Dated this 8th day ofNovember, 2017.

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RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE