Beckermann v. Hickey et al

Filing 12

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for extension of time [ECF No. 10] is GRANTED. Plaintiff must inform the Court of defendant Jason Unknowns full name no later than February 25, 2016. IT IS FURTHER ORDERED that plaintiffs motion for appointment of counsel [ECF No. 11] is DENIED without prejudice.( Response to Court due by 2/25/2016.) Signed by District Judge Stephen N. Limbaugh, Jr on 1/19/2016. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JEFFREY A. BECKERMAN,
Plaintiff,
v.
BRANDY L. HICKEY, et al.,
Defendants.

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No. 1:15CV209 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for extension of time and motion for
appointment of counsel.
Plaintiff’s motion for extension of time to determine the full name of defendant Jason
Unknown is granted. Plaintiff must provide the Court with defendant’s full name by February
25, 2016.
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.
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. The facts and
legal issues in this case are straightforward. And it does not appear that there is a need to

conduct an investigation into the facts of the case. As a result, the Court will deny the motion for
appointment of counsel without prejudice.

The Court will entertain future motions for

appointment of counsel as the case progresses.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for extension of time [ECF No. 10]
is GRANTED. Plaintiff must inform the Court of defendant Jason Unknown’s full name no
later than February 25, 2016.
IT IS FURTHER ORDERED that plaintiff’s motion for appointment of counsel [ECF
No. 11] is DENIED without prejudice.
Dated this 19th day of January, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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