Turner v. Mull et al

Filing 10

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall issue process or cause process to issue as to defendants Unknown Mull, Angela Chandler, Unknown Thebeau, and Terry Russell. IT IS FURTHER ORDERED that the Clerk shall terminate George Lo mbardi from these proceedings because he is not named as a defendant in the amended complaint. IT IS FURTHER ORDERED that plaintiff's motion for appointment of counsel [Doc. 4] is DENIED without prejudice. IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner Standard.. Signed by Honorable John A. Ross on 4/26/12. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
TERRY M. TURNER,
Plaintiff,
v.
UNKNOWN MULL, et al.,
Defendants.

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No. 4:12CV561 JAR

MEMORANDUM AND ORDER
This matter is before the Court on review of plaintiff’s first amended complaint
under 28 U.S.C. § 1915(e). After review, the Court finds that the complaint should not
be dismissed at this time. As a result, the Court will order the clerk to serve process on
the properly named defendants.
Additionally, plaintiff has filed a motion for appointment of counsel. 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. As a result, the Court will deny the motion without prejudice.
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall issue process or cause process
to issue as to defendants Unknown Mull, Angela Chandler, Unknown Thebeau, and
Terry Russell.
IT IS FURTHER ORDERED that the Clerk shall terminate George Lombardi
from these proceedings because he is not named as a defendant in the amended
complaint.
IT IS FURTHER ORDERED that plaintiff’s motion for appointment of counsel
[Doc. 4] is DENIED without prejudice.
IT IS FURTHER ORDERED that this case is assigned to Track 5B: Prisoner
Standard.
Dated this 26th day of April, 2012.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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