Petty v. LaGore et al

Filing 16

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 12 ] is DENIED. Signed by District Judge E. Richard Webber on 01/10/2014. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
DAMON LAMONTE PETTY,
Plaintiff,
v.
ROBERT LAGORE, et al.,
Defendants.

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No. 2:13CV00093 NAB

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s post-dismissal motion for
appointment of counsel on appeal. The motion will be denied.
There is no constitutional or statutory right to appointed counsel in civil cases,
nor is there a right to appointed counsel in a civil case on appeal. 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.

The Court dismissed this action pursuant to 28 U.S.C. § 1915, finding that
plaintiff had failed to state a claim upon which relief could be granted. The Court
further found that an appeal of the dismissal would be taken in bad faith. As such, the
Court finds that appointment of counsel is not warranted at this time.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel
[ECF No. 12] is DENIED.
So Ordered this 10th day of January, 2014.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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