Adaway v. Doe (Campbell) et al

Filing 22

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [#4] is DENIED without prejudice. Signed by Honorable Rodney W. Sippel on 12/23/10. (LAH)

Adaway v. Doe (Campbell) et al

Doc. 22

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CHARLIE J. ADAWAY, Plaintiff, vs. JOHN DOE, et al., Defendants. ) ) ) ) ) ) ) ) )

Case No. 4:10CV890 RWS

MEMORANDUM AND ORDER This matter is before the Court on plaintiff's motion for appointment of counsel. 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 supporting his 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 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.

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After considering these factors, the Court believes that the facts and legal issues involved are not so complicated that the appointment of counsel is warranted at this time. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [#4] is DENIED without prejudice.

_______________________________ RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE

Dated this 23rd day of December, 2010.

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