Anthony v. Northeast Correctional Center et al
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's request for an extension of time to file his amended complaint is GRANTED. IT IS FURTHER ORDERED that plaintiff shall file an amended complaint no later than December 5, 2014. IT IS FURTHER ORDERED that plaintiffs request for the appointment of counsel is DENIED without prejudice.( Amended/Supplemental Pleadings due by 12/5/2014.) Signed by District Judge Catherine D. Perry on November 4, 2014. (MCB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
MARCUS TREMAYNE ANTHONY,
NORTHEAST CORRECTIONAL CENTER,
No. 2:14CV94 CDP
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s letter requesting an extension of time to file
his amended complaint, which is due by November 21, 2014. [ECF No. 5]. Plaintiff asserts that
he will not be permitted to visit the canteen to purchase postage and envelopes until around
November 22, 2014. Additionally, Plaintiff requests that the Court appoint counsel to represent
him in this matter.
With regard to plaintiff’s request for an extension of time to file his amended complaint,
the Court will grant the request and afford plaintiff an additional fourteen (14) days, through
December 5, 2014, within which to file his amended complaint.
With regard to plaintiff’s request for appointment of counsel, the Court notes that 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.
As discussed in the Court’s October 22, 2014 Order, it is not yet apparent that plaintiff
can state non-frivolous claims under 42 U.S.C. § 1983. Further, the Court finds that the facts and
legal issues raised by plaintiff are not so complicated that the appointment of counsel is
warranted at this time.
IT IS HEREBY ORDERED that plaintiff’s request for an extension of time to file his
amended complaint is GRANTED.
IT IS FURTHER ORDERED that plaintiff shall file an amended complaint no later
than December 5, 2014.
IT IS FURTHER ORDERED that plaintiff’s request for the appointment of counsel is
DENIED without prejudice.
Dated this 4th day of November, 2014.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
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