Ballard v. City of St. Louis et al

Filing 29

MEMORANDUM AND ORDER re: 4 MOTION to Appoint Counsel filed by Plaintiff (I')sla Ballard motion is DENIED WITHOUT PREJUDICE. Signed by Honorable Rodney W. Sippel on 2/24/12. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
(I’)SLA BALLARD,

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Plaintiff,
v.
CITY OF ST. LOUIS, et al.,
Defendant.

Case No. 4:11-CV-1553 RWS

MEMORANDUM AND ORDER
This matter is before me on Plaintiff (I’)sla Ballard’s Motion to Appoint Counsel [#4].
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) factual complexity of the issues
presented; (2) the ability of the indigent person to investigate the facts; (3) the existence of
conflicting testimony; (4) the ability of the indigent person to present claims; and (5) the
complexity of the legal arguments. Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir.
2006); see also Goods v. Crown Center Complex, 177 Fed.Appx. 507 (8th Cir. 2006) (adopting
factors for appointment of counsel set out in Phillips v. Jasper County Jail, 437 F.3d 791 for Title
VII employment discrimination suit).
After considering these factors, the Court believes that the facts and legal issues involved
in Ballard’s case are not so complicated that the appointment of counsel is warranted at this time.
Ballard’s Complaint indicates he is capable of presenting the facts and legal issues without the
assistance of counsel. Therefore, the Court will deny Ballard’s motion without prejudice [#4].

Accordingly,
IT IS HEREBY ORDERED that Plaintiff (I’)sla Ballard’s Motion to Appoint Counsel
[#4] is DENIED without prejudice.

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RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

Dated this 24th day of February, 2012.

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