Hefley v. Redington et al

Filing 18

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Appointment of Counsel (ECF No. #12 ) is DENIED, without prejudice. Signed by District Judge Ronnie L. White on July 19, 2021. (BRP)

Case: 2:21-cv-00041-RLW Doc. #: 18 Filed: 07/19/21 Page: 1 of 2 PageID #: 197
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
NORTHEASTERN DIVISION
DUSTIN HEFLEY,
Plaintiff,
v.
DANIEL REDINGTON, et al.,
Defendants.

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Case No.

2:21CV41 RLW

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion for Appointment of Counsel (ECF No.
12).
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, courts consider factors that include whether the plaintiff has presented
non-frivolous allegations supporting his prayer for relief, whether the plaintiff will substantially
benefit from the appointment of counsel, whether there is a need to further investigate and present
the facts related to the plaintiff’s allegations, and 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.

Case: 2:21-cv-00041-RLW Doc. #: 18 Filed: 07/19/21 Page: 2 of 2 PageID #: 198
After considering Plaintiff’s Motion for Appointment of Counsel, in view of the relevant
factors, the Court finds that the facts and legal issues presented in the instant case are not so
complex as to warrant the appointment of counsel at this time. In addition, the pleadings filed by
Dustin Hefley, indicate that he is capable of presenting the facts and legal issues without the
assistance of counsel. Plaintiff’s Motion for Appointment of Counsel will therefore be denied.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion for Appointment of Counsel (ECF
No. 12) is DENIED, without prejudice.
Dated this 19th day of July, 2021.

__________________________________
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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