Howard v. Fidelity National Title Insurance Company

Filing 76

OPINION, MEMORANDUM AND ORDER HEREBY ORDERED that Plaintiffs Motion to Compel Court to Enter Scheduling Order and Motion for Appointment of Counsel [ECFNo. 48 ] is DENIED. Signed by District Judge Henry E. Autrey on 08/14/2012. (CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DERRICK HOWARD,
Plaintiff,
v.
FIDELITY NATIONAL TITLE
INSURANCE COMPANY,
Defendant.

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No. 4:10CV2368 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s Motion to Compel Court to Enter
Scheduling Order and Motion to Appoint Counsel [ECF No. 48]. The motion will be
denied.
Motion to Compel Court to Enter Scheduling Order
Plaintiff’s filed this Motion on January 23, 2012. On January 24, 2012, the
Court issued a Case Management Order [ECF No. 51]. As such, Plaintiff’s Motion
to Compel Court to Enter Scheduling Order is moot.
Motion to Appoint Counsel
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 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.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s Motion to Compel Court to Enter
Scheduling Order and Motion for Appointment of Counsel [ECF No. 48] is DENIED.
Dated this 14th day of August, 2012.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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