Russell v. Bellefontaine Habilitation Center

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion to appoint counsel is DENIED without prejudice. [Doc. No. 2.]. Signed by District Judge Audrey G. Fleissig on 10/16/2012. (KSM)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JERRY RUSSELL, Plaintiff, vs. BELLEFONTAINE HABILITATION CENTER, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 4:12CV01849 AGF MEMORANDUM AND ORDER This matter is before the Court on Plaintiff's motion to appoint counsel. Plaintiff has filed a pro se complaint under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-5. There is no constitutional right for a pro se plaintiff to have counsel appointed in a civil case, although the Court has discretion to appoint an attorney to handle such a case when necessary. In re Lane, 801 F.2d 1040, 1043-44 (8th Cir. 1986). 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; the complexity of the legal issues; and to what degree the plaintiff and the court would benefit from such an appointment. Id. The Eighth Circuit has identified three additional factors relevant to the appointment of counsel in Title VII actions: (1) the plaintiff’s financial resources, (2) the plaintiff's efforts to secure counsel, and (3) the merits of the discrimination claim. Slaughter v. City of Maplewood, 731 F.2d 587, 590 (8th Cir. 1984). Upon review of the file and the relevant factors, the Court concludes that appointment of counsel is not warranted at this time. Should Plaintiff seek the appointment of counsel at a later stage in the proceedings, he will be required to provide the Court with a sworn statement itemizing what efforts he has made to obtain legal counsel, providing the names of attorneys with whom he has discussed representation and the dates and results of such discussions. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion to appoint counsel is DENIED without prejudice. [Doc. No. 2.] AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE Dated this 16th day of October, 2012. 2

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