Murchison v. Corizon Medical Services NECC Medical Director et al
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel and an extension of time for discovery (Doc. 23 ) is AFFIRMED in part and DENIED in part without prejudice. An amended case management order will follow. Signed by Magistrate Judge David D. Noce on 10/14/15. (JAB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
CORIZON MEDICAL SERVICES, et al.,
No. 2:14 CV 102 DDN
MEMORANDUM AND ORDER
Before the Court is plaintiff’s motion for appointment of counsel and request for an
extension of the discovery deadline (Doc. #23). In his motion, plaintiff asserts that he requires
counsel for deposition of opposing parties and witnesses and due to his circumstances he has
been unable to conduct sufficient discovery.
As stated in this court’s previous orders denying counsel (Docs. 8, 12), 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 facts and legal issues involved are
still not so complicated that the appointment of counsel is warranted at this time. This case
involves a straight-forward claim of deliberate indifference to medical needs. Plaintiff has been
able to articulate his claims on his own, and the claims do not appear to be complex or involve
excessive legal machinations. He is in possession of his medical records and can formulate
interrogatories as well as questions for depositions, if necessary. As such, plaintiff’s request will
be denied at this time, without prejudice.
With regards to plaintiff’s motion requesting an extension of time due to his placement in
administrative segregation and the pending discovery deadline, the court will grant this motion.
Plaintiff states that he has been administrative segregation for two months and will remain there
He requested three months additional time for a court-appointed
attorney to familiarize himself with the case.
The court has declined to appoint counsel.
However, plaintiff will be given five (5) additional months to conduct discovery.
IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel and an
extension of time for discovery (Doc. 23) is AFFIRMED in part and DENIED in part without
prejudice. An amended case management order will follow.
/s/ David D. Noce
UNITED STATES MAGISTRATE JUDGE
Signed on October 14, 2015.
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