Murchison v. Corizon Medical Services NECC Medical Director et al

Filing 8

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel [Doc. #4] is DENIED without prejudice. Signed by Magistrate Judge David D. Noce on 1/12/2015. (KMS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
JOSEPH MURCHINSON,
Plaintiff,
v.
CORIZON MEDICAL SERVICES, et al.,
Defendants,

)
)
)
)
)
)
)
)
)

No. 2:14CV102 DDN

MEMORANDUM AND ORDER
Before the Court is plaintiff’s notice of extension of time to file a motion for appointment
of counsel [Doc. #4]. In his motion, plaintiff asserts that he anticipates filing a motion for
appointment of counsel after defendants file their response to his complaint. The Court will
construe plaintiff’s motion as one requesting counsel.
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
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. As such, plaintiff’s request will be denied at this time, without prejudice.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel [Doc.
#4] is DENIED without prejudice.
/s/ David D. Noce
k
UNITED STATES MAGISTRATE JUDGE

Signed on January 12, 2015.

2