Stewart v. Ford

Filing 23

OPINION, MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel and request for an order of mediation is DENIED. [ECF No. 22 ] Signed by District Judge Henry Edward Autrey on 7/10/20. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHERN DIVISION
WAYNE STEWART,
Plaintiff,
v.
NIKKI FORD,
Defendant.

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No. 2:17-CV-00007-HEA

OPINION, MEMORANDUM AND ORDER
This administratively closed case is before the Court on self-represented plaintiff Wayne
Stewart’s motion for appointment of counsel and request for an order of mediation. For the
following reasons, the motion will be denied.
This case was stayed and administratively closed on August 4, 2017 because of defendant’s
medical condition and her ongoing treatment at the Mayo Clinic Hospital in Rochester, Minnesota.
The case has been completely dormant for more than two years. The Court has received no further
information regarding defendant’s medical condition. The stay has not been lifted and the case has
not been re-opened.
There is no constitutional or statutory right to appointed counsel in a civil case. 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; (2) whether the plaintiff will substantially benefit from the
appointment of counsel; (3) whether there is a need to further investigate plaintiff’s allegations;
and (4) whether the factual and legal issues presented by the action are complex. See Battle v.
Armontrout, 902 F.2d 701, 702 (8th Cir. 1990); Johnson v. Williams, 788 F.2d 1319, 1322-23 (8th

Cir. 1986); Nelson, 728 F.2d at 1005. After considering these factors, The Court does not find that
appointment of counsel is warranted in this closed case.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel and
request for an order of mediation is DENIED. [ECF No. 22]
Dated this 10th day of July, 2020.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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