Jefferson v. Hudgens et al

Filing 23

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 17] is DENIED without prejudice. Signed by Magistrate Judge Abbie Crites-Leoni on 4/3/2017. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
WILLIE JEFFERSON,
Plaintiff,

JOSEPH HUDGENS, et al.,
Defendants,

)
)
)
)
)
)
)
)
)

No. 1:16-CV-219 ACL

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 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 Court would like to see the facts become more developed before deciding whether
appointing counsel is warranted.
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
[ECF No. 17] is DENIED without prejudice.
Dated this 3rd day of April, 2017.

ABBIE CRITES-LEONI
UNITED STATES MAGISTRATE JUDGE

-2-