Morgan v. Hawthorne Children's Psychiatric Hospital

Filing 10

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel [Doc. #4] is denied without prejudice. Signed by Honorable Carol E. Jackson on 5/16/2012. (KMS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARGERE MORGAN,
Plaintiff,
vs.
HAWTHORNE CHILDREN’S
PSYCHIATRIC HOSPITAL,
Defendant.

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Case No. 4:11-CV-1746 (CEJ)

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff's motion for appointment of counsel.
“[A] pro se litigant has no statutory or constitutional right to have counsel appointed
in a civil case.”

Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998).

In

determining whether to appoint counsel for an indigent litigant, the Court considers
several factors:

(1) whether plaintiff has presented non-frivolous allegations

supporting her prayer for relief; (2) whether plaintiff would substantially benefit from
the appointment of counsel; (3) whether there is a need to further investigate and
present the facts related to 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 v. Redfield Lithograph Printing, 728 F.2d 1003, 1005
(8th Cir. 1984).
Plaintiff brings this action pursuant to the Americans with Disabilities Act, 42
U.S.C. §§ 12101, et seq. Plaintiff alleges that the defendant refused to accommodate
her need to use an oxygen tank while at work. In considering the plaintiff’s claim in
light of the relevant factors discussed above, it does not appear that the factual and

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel
[Doc. #4] is denied without prejudice.

___________________________
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
Dated this 16th day of May, 2012.