Brown v. Howe et al
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel ECF No. 7 is DENIED without prejudice. Signed by District Judge Rodney W. Sippel on 3/31/14. (ARL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EDWARD Q. BROWN, JR.,
DAVID HOWE, et al.,
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).
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.
Plaintiff’s allegations are that defendants assaulted him while he was handcuffed and
denied him medical care. Additionally, plaintiff has demonstrated an ability to prosecute
his claims in this Court.
IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel
[ECF No. 7] is DENIED without prejudice.
Dated this 31st day of March, 2014.
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
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