Stewart v. Corizon Medical, LLC et al
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 5] is DENIED without prejudice. Signed by District Judge Catherine D. Perry on April 5, 2017. (MCB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
CORIZON MEDICAL, LLC, et al.,
No. 2:16-CV-82 CDP
MEMORANDUM AND ORDER
Plaintiff moves for appointment of counsel. After considering the motion
and the pleadings, the motion is denied without prejudice to refiling at a later time.
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
Plaintiff has presented non-frivolous allegations in her complaint. However,
she has demonstrated, at this point, that she can adequately present her claims to
the Court. Additionally, neither the factual nor the legal issues in this case are
The Court will entertain future motions for appointment of counsel as the
IT IS HEREBY ORDERED that plaintiff’s motion for appointment of
counsel [ECF No. 5] is DENIED without prejudice.
Dated this 5th day of April, 2017.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
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