Howerton v. Astrue

Filing 18

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's motion for appointment of counsel is DENIED. (Doc. No. 4). Signed by District Judge Audrey G. Fleissig on 12/13/2012. (KSM)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHARLES LIONEL HOWERTON,
Plaintiff,
vs.
MICHAEL ASTRUE, Commissioner of
Social Security,
Defendant.

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No. 4:12CV01582 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s motion for appointment of counsel.
Plaintiff filed a pro se complaint seeking judicial review of the denial of disability
benefits under the Social Security Act. Plaintiff’s petition to proceed in forma pauperis
was granted, and he now seeks the appointment of counsel.
There is no constitutional right for an indigent plaintiff to have counsel appointed
in a civil case, although a district court has discretion to appoint an attorney to handle
such a case when necessary. Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir.
2006). Among the factors a court should consider in making this determination are the
factual complexity of the case; the ability of the plaintiff to investigate the facts and
present his claim; and the complexity of the legal arguments. Id. at 794.
The Court finds that appointment of counsel is unwarranted in this case at this
time.

Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion for appointment of counsel is
DENIED. (Doc. No. 4.)

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 13th day of December, 2012.

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