Hardy v. Correctional Medical Services et al

Filing 28

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel [Doc. 18 is DENIED without prejudice. 18 Signed by District Judge Henry E. Autrey on 10/3/12. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TONY HARDY,
Plaintiff,
v.
CORRECTIONAL MEDICAL
SERVICES, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)

No. 4:12CV1 HEA

OPINION, 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.

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 for appointment of
counsel [Doc. 18 is DENIED without prejudice.
Dated this 3rd day of October, 2012.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

-2-