Beckermann v. Hickey et al

Filing 20

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [[ECF No. 19] is DENIED without prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 2/25/2016. (JMC)

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

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No. 1:15CV209 SNLJ

MEMORANDUM AND ORDER
Plaintiff moves for appointment of counsel.

After considering the motion and the

pleadings, the motion is denied without prejudice to refiling at a later time.
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 requests counsel on the basis that a potential witness refuses to talk to him about
his case. However, the Court has not yet authorized discovery. If the Court does authorize
discovery in the future, plaintiff can use the procedures prescribed in the Federal Rules of Civil
Procedure to communicate with any necessary witnesses.

Additionally, plaintiff has

demonstrated, at this point, that he can adequately present his claims to the Court. As a result,
the motion is denied without prejudice.

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel [[ECF
No. 19] is DENIED without prejudice.
Dated this 25th day of February, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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