Williams v. Wallace et al

Filing 9

MEMORANDUM AND ORDER re: 4 MOTION to Appoint Counsel filed by Plaintiff Cornelius Williams, Jr. motion is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 9/7/16. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
CORNELIUS WILLIAMS,
Plaintiff,
v.
IAN WALLACE, et al.,
Defendants.

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No. 1:16CV161 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 petitioner has
presented non-frivolous allegations supporting his or her prayer for relief; (2) whether the
petitioner will substantially benefit from the appointment of counsel; (3) whether there is a need
to further investigate and present the facts related to the petitioner’s allegations; and (4) whether
the factual and legal issues presented by the action are complex. 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.
Accordingly,

IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel [Doc.
#4] is DENIED without prejudice.
Dated this 7th day of September, 2016.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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