Mosley v. Wallace et al

Filing 38

MEMORANDUM AND ORDER re: 35 MOTION to Appoint Counsel filed by Plaintiff Devin Mosley - IT IS HEREBY ORDERED that Plaintiffs Motion for Appointment of Counsel (ECF No. 35) is DENIED, without prejudice. Signed by District Judge Ronnie L. White on 10/10/2018. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION

DEVIN MOSELY,
Plaintiff,
v.

IAN WALLACE, et al.,
Defendants.

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Case No.

1:16CV297 RLW

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiffs Motion for Appointment of Counsel (ECF No.
35).
There is no constitutional or statutory right to appointed counsel in a civil case. Nelson v.
Redfield Lithograph Printing, 728 F.2d 1003, 1004 (8th Cir. 1984). In determining whether to
appoint counsel, courts consider factors that include whether the plaintiff has presented
non-frivolous allegations supporting his prayer for relief, whether the plaintiff will substantially
benefit from the appointment of counsel, whether there is a need to further investigate and present
the facts related to the plaintiffs allegations, and whether the factual and legal issues presented by
the action are complex. See Battle v. Armantrout, 902 F.2d 701, 702 (8th Cir. 1990); Johnson v.
Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986); Nelson, 728 F.2d at 1005.

After considering Plaintiffs Motion for Appointment of Counsel, in view of the relevant
factors, the Court finds that the facts and legal issues presented in the instant case are not so
complex as to warrant the appointment of counsel at this time. In addition, the pleadings filed by
Devin Mosely, indicate that he is capable of presenting the facts and legal issues without the
assistance of counsel. Plaintiffs Motion for Appointment of Counsel will therefore be denied.
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs Motion for Appointment of Counsel (ECF

No. 35) is DENIED, without prejudice.

Dated this 10th day of October, 2018.

~~Mio
UNITED STATES DISTRICT JUDGE