Ingrassia v. Schafer et al

Filing 58

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 54] is DENIED without prejudice. Signed by District Judge Audrey G. Fleissig on 12/26/2012. (NCL)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION THOMAS J. INGRASSIA, Plaintiff, v. KEITH SCHAFER, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 4:11CV2062 AGF MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motion for appointment of counsel. The motion will be denied. 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. The factual and legal issues in this matter are not extremely complex. And plaintiff has demonstrated to the Court that he is quite capable of presenting his case and making his arguments before this Court. As a result, the Court finds that it is not necessary to appoint counsel at this time. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel [ECF No. 54] is DENIED without prejudice. Dated this 26th Day of December, 2012. UNITED STATES DISTRICT JUDGE -2-

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