Williamson v. Steele et al

Filing 20

ORDER APPOINTING ATTORNEY IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel is GRANTED. [Doc. 3] IT IS FURTHER ORDERED that Eleanor D. Braun of Devereux and Murphy, 190 Carondelet Plaza, Eleventh Floor, St. Louis, MO 63105, telephone number 314-721-1516, is hereby appointed as counsel for the plaintiff. IT IS FURTHER ORDERED that the Clerk of the Court shall provide appointed counsel with a copy of the complete Court file. IT IS FURTHER ORDERED that counsel shall file an amended complaint within 30 daysof the date of this Order. Signed by District Judge Charles A. Shaw on 3/13/2013. (NCL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

LAMONT WILLIAMSON,
Plaintiff,
v.
TROY STEELE, et al.,
Defendants.

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No. 4:12-CV-1548 CAS

ORDER
This matter is before the Court on plaintiff’s motion for appointment of counsel. The
appointment of counsel for an indigent pro se plaintiff lies within the discretion of the Court, as there
is no constitutional or statutory right to appointed counsel in civil cases. Phillips v. Jasper County
Jail, 437 F.3d 791, 794 (8th Cir. 2006) (citation omitted). The standard for appointment of counsel
in a civil case is whether both the plaintiff and the Court would benefit from the assistance of
counsel. Edgington v. Missouri Dept. of Corr., 52 F.3d 777, 780 (8th Cir. 1995), abrogated on other
grounds, Doe v. Cassel, 403 F.3d 986, 989 (8th Cir. 2005) (citations omitted). This determination
involves the consideration of several relevant criteria, which include “the factual complexity of the
issues, the ability of the indigent person to investigate the facts, the existence of conflicting
testimony, the ability of the indigent person to present the claims, and the complexity of the legal
arguments.” Phillips, 437 F.3d at 794 (citing Edgington, 52 F.3d at 780).
Upon review of the file in this case, it appears the Court and plaintiff would benefit from the
appointment of counsel to represent Lamont Williamson, who is presently proceeding pro se.
Plaintiff has been granted leave to proceed in forma pauperis. He has alleged claims of deliberate
indifference to serious medical needs. Legal claims involving these issues can be complex and may

not be readily resolved on dispositive motion and may require a trial. The Court, therefore
concludes that plaintiff and the Court would likely benefit from the assistance of counsel in this case.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel is
GRANTED. [Doc. 3]
IT IS FURTHER ORDERED that Eleanor D. Braun of Devereux and Murphy, 190
Carondelet Plaza, Eleventh Floor, St. Louis, MO 63105, telephone number 314-721-1516, is hereby
appointed as counsel for the plaintiff.
IT IS FURTHER ORDERED that the Clerk of the Court shall provide appointed counsel
with a copy of the complete Court file.
IT IS FURTHER ORDERED that counsel shall file an amended complaint within 30 days
of the date of this Order.
Appointed counsel is advised that all applications for disbursement of funds from the
Eastern District's Attorney Admission Fee Non-Appropriated Fund are governed by Local
Rules 12.03 and 12.06, the Administrative Order of May 5, 2010, concerning the Attorney
Admission Fee Non-Appropriated Fund, and the Regulations Governing the Disbursement of
Funds from the Non-Appropriated Fund for Attorney’s Fees and Out-of-Pocket Expenses
Incurred by Attorneys Appointed to Represent Indigent Parties in Civil Proceedings Pursuant
to 28 U.S.C. § 1915(e), dated May 5, 2010. The Order and Regulations, as well as form
requests for compensation of services and reimbursement of expenses, may be obtained from
the Clerk of the Court or printed from the Court’s Internet website, www.moed.uscourts.gov.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE

Dated this 13th

day of March, 2013.

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