Daniel v. Williams et al

Filing 24

MEMORANDUM AND ORDER re: 22 MOTION to Appoint Counsel filed by Plaintiff MeShaw Daniel motion is DENIED without prejudice.. Signed by District Judge Charles A. Shaw on 12/4/17. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MESHAW DANIEL,
Plaintiff,
v.
JAMES WILLIAMS, et al.,

Defendants.

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No. 1:17-CV-70 CAS

MEMORANDUM AND ORDER
This prisoner civil rights matter under 42 U.S.C. § 1983 is before the Court following
reassignment to the undersigned, on plaintiff’s letter dated October 12, 2017, which the Court
construes as a second motion for appointment of counsel.

The Court previously denied

plaintiff’s motion for appointment of counsel without prejudice to refiling at a later time. After
considering the motion and the pleadings, the motion will be denied without prejudice to refiling
at a later time.
The appointment of counsel for an indigent pro se plaintiff lies within the discretion of
the Court, as there is no constitutional or statutory right to appointed counsel in civil cases.
Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir. 2006) (citation omitted); see 28 U.S.C.
§ 1915(e)(1) (“The court may request an attorney to represent any person unable to afford
counsel.”)
Once the plaintiff alleges a prima facie claim, the Court must determine the plaintiff’s
need for counsel to litigate his claim effectively. In re Lane, 801 F.2d 1040, 1043 (8th Cir.
1986). The standard for appointment of counsel in a civil case is whether both the plaintiff and
the Court would benefit from the assistance of counsel.

Edgington v. Missouri Dep’t of

Corrections, 52 F.3d 777, 780 (8th Cir. 1995), abrogated on other grounds by Doe v. Cassel, 403

F.3d 986, 989 (8th Cir. 2005) (citations omitted). This determination involves the consideration
of several relevant criteria which include “the factual complexity of the issues, the ability of the
indigent person to investigate the facts, the existence of conflicting testimony, the ability of the
indigent person to present the claims, and the complexity of the legal arguments.” Phillips, 437
F.3d at 794 (citing Edgington, 52 F.3d at 780).
In some instances, a court may deny a motion for appointment of counsel without
prejudice because it believes the record is insufficient to determine, one way or the other,
whether it would be appropriate to appoint counsel when the above factors are considered. See
id. For example, discovery may not have begun or may have just begun at the time of the
request for appointment of counsel, so there is no conflicting testimony. There may be no
indication in the record that the plaintiff is unable to investigate or present his case where he
correctly identifies the applicable legal standard governing his claims or, for example,
successfully amends his complaint to include essential information. Finally, the Court may
consider whether the plaintiff’s claims involve information that is readily available to him.
The Court finds that appointment of counsel is not mandated at this time. Discovery has
just begun, and the record does not support the need for appointment of counsel as there is no
indication of factual complexity or that plaintiff is unable to investigate or present his case.
Plaintiff has filed articulate and easily understood pleadings which indicate that he is capable of
clear expression and appropriate organization of content. The Court would not benefit from the
appointment of counsel at this time.

Thus, the Court will deny plaintiff’s motion for

appointment of counsel at this time.

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Accordingly,
IT IS HEREBY ORDERED that plaintiff’s letter to the Court, construed as a second
motion for appointment of counsel, is DENIED without prejudice. [Doc. 22]

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 4th day of December, 2017.

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