Loggins v. Lewis

Filing 11

MEMORANDUM AND ORDER re: 3 MOTION to Appoint Counsel filed by Petitioner Vernell J. Loggins, Jr. motion is DENIED without prejudice.. Signed by District Judge Henry Edward Autrey on 5/7/18. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
VERNELL J. LOGGINS, Jr,
Plaintiff,
v.
JASON LEWIS,
Defendants.

)
)
)
)
)
)
)
)
)

No. 1:18CV0082 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion for Appointment of
Counsel [Doc. No. 3]. The motion will be denied, without prejudice.
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.

After considering these factors, the Court finds that the appointment of
counsel is not warranted at this time. This case is neither factually nor legally
complex. Moreover, it is evident that Plaintiff is able to present his claims, because
the Court has ordered Defendants to respond to Plaintiff’s claims.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Appointment of
Counsel [Doc. No. 3] is denied without prejudice.
Dated this 7th day of May, 2018.

________________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

2