Stewart v. Cabrera et al
OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel [Doc. No. 50] is DENIED without prejudice. 50 Signed by District Judge Henry Edward Autrey on 4/13/18. (CLA)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
THOMAS CAREA, M.D., et al.,
CASE NO. 2:17CV9 HEA
OPINION, 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 his complaint. However,
he has demonstrated, at this point, that he can adequately present his 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 [Doc. No. 50] is DENIED without prejudice.
Dated this 13th day of April, 2018.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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