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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
THOMAS J. INGRASSIA,
Plaintiff,
v.
KEITH SCHAFER, et al.,
Defendants.

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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

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