Lockhart v. Reese et al

Filing 18

MEMORANDUM AND ORDER re: 11 MOTION for Extension of: Time to file an Amended Complaint and Pay the Initial Filing Fee an additional 21 days filed by Plaintiff Marquise Lockhart, 15 MOTION to Appoint Counsel filed by Plaintiff Marquise L ockhart, 10 MOTION to Appoint Counsel filed by Plaintiff Marquise Lockhart. IT IS HEREBY ORDERED that plaintiff's motions for appointment of counsel [ECF Nos. 10, 15] are DENIED without prejudice.IT IS FURTHER ORDERED that plaintiff's motion for extension of time [ECF No. 11] is DENIED as moot. Signed by District Judge Stephen N. Limbaugh, Jr on 8/18/16. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MARQUISE LOCKHART,
Plaintiff,
v.
CYNTHIA REESE, et al.,
Defendants.

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No. 1:16-CV-63 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motion for extension of time and motions
for appointment of counsel. The motions are denied.
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. Additionally,
neither the factual nor the legal issues in this case are complex. The Court will entertain future
motions for appointment of counsel as the case progresses.

Plaintiff’s motion for extension of time to file an amended complaint and to pay the
initial partial filing fee is moot.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motions for appointment of counsel [ECF
Nos. 10, 15] are DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff’s motion for extension of time [ECF No. 11]
is DENIED as moot.
Dated this 18th day of August, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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