Passley v. Missouri Department of Social Services, Family Support Division

Filing 5

MEMORANDUM AND ORDER re: 3 MOTION to Appoint Counsel filed by Plaintiff Martin Anthony Passley; motion is DENIED without prejudice. Signed by District Judge Stephen N. Limbaugh, Jr on 9/10/18. (CSG)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
MARTIN ANTHONY PASSLEY,
Plaintiff,
v.
MISSOURI DEPARTMENT OF SOCIAL
SERVICES, FAMILY SUPPORT DIV.,
Defendant.

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No. 1:18-cv-155-SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff Martin Anthony Passley’s motion to appoint
counsel. The motion will be denied at this time, without prejudice.
“A pro se litigant has no statutory or constitutional right to have counsel appointed in a
civil case.” Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998). When determining whether
to appoint counsel for an indigent litigant, the Court considers relevant factors, such as the
complexity of the case, the ability of the pro se litigant to investigate the facts, the existence of
conflicting testimony, and the ability of the pro se litigant to present his claims. Id.
After reviewing these factors, the Court finds that the appointment of counsel is not
warranted at this time. This case is neither factually nor legally complex. In addition, plaintiff
has demonstrated that he can adequately present his claims to the Court, and it does not appear
that his claims involve information unavailable to him. However, the Court recognizes that the
relevant circumstances may change.

The Court will therefore deny the motion for the

appointment of counsel without prejudice, and will entertain future motions for the appointment
of counsel, as appropriate, as this litigation progresses.
Accordingly,

IT IS HEREBY ORDERED that plaintiff’s motion for the appointment of counsel
(Docket No. 3) is DENIED without prejudice.
Dated this 10th day of September, 2018.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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