Lesley v. Teague et al

Filing 130

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Plaintiffs Motions for Appointment of Counsel [Doc. No. 69, 74 and 116], are denied without prejudice. 69 116 74 Signed by District Judge Henry Edward Autrey on 10/19/16. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
RICHARD W. LESLEY,
Plaintiff,
v.
MS JANE DOE TEAGUE, et al.,
Defendants.

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No. 2:15CV59 HEA

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motions for Appointment of
Counsel [Doc. No.’s 69, 74 and 116]. The motions will be denied, without
prejudice.
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 appointment of
counsel is not warranted at this time. This case is neither factually nor legally
complex.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motions for Appointment of
Counsel [Doc. No. 69, 74 and 116], are denied without prejudice.
Dated this 19th day of October, 2016.

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HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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