Johnson v. Dormire

Filing 9

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that petitioner's motion for appointment of counsel 4 is DENIED. Signed by Honorable E. Richard Webber on December 6, 2010. (MGK)

-MLM Johnson v. Dormire

Doc. 9

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CARL B. JOHNSON, Petitioner, v. DAVE DORMIRE, Respondent. ) ) ) ) ) ) ) ) )

No. 4:10CV00947 ERW

MEMORANDUM AND ORDER This matter is before the Court on petitioner's motion for appointment of counsel. The motion will be denied at this 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 appo int counsel, the Court considers several factors, including (1) whether the petitioner has presented non-frivolous allegations supporting his or her prayer for relief; (2) whether the petitioner will substantially benefit from the appointment of counsel; (3) whether there is a need to further investigate and present the facts related to the petitioner'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 1005. After considering these factors, the Court finds that the facts and legal issues involved are not so complicated that the appointment of counsel is warranted at this time.

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Accordingly, IT IS HEREBY ORDERED that petitioner's motion for appointment of counsel is DENIED. So Ordered this 6th day of December, 2010.

E. RICHARD WEBBER UNITED STATES DISTRICT JUDGE

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