Baker et al v. Steele et al

Filing 20

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Appointment of Counsel 4 is DENIED, without prejudice. Signed by District Judge John A. Ross on 9/2/14. (ARL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

BARRY BAKER,

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

Case No.

4:14CV333 JAR

MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff=s Motion for Appointment of Counsel, filed on
February 24, 2014 (ECF No. 4).
With respect to Plaintiff=s Motion for Appointment of Counsel, there is no constitutional or
statutory right to appointed counsel in a civil case. Nelson v. Redfield Lithograph Printing, 728
F.2d 1003, 1004 (8th Cir. 1984). In determining whether to appoint counsel, courts consider
factors that include whether the plaintiff has presented non-frivolous allegations supporting his
prayer for relief, whether the plaintiff will substantially benefit from the appointment of counsel,
whether there is a need to further investigate and present the facts related to the plaintiff=s
allegations, and whether the factual and legal issues presented by the action are complex. See
Battle v. Armontrout, 902 F.2d 701, 702 (8th Cir. 1990); Johnson v. Williams, 788 F.2d 1319,
1322-23 (8th Cir. 1986); Nelson, 728 F.2d at 1005.

After considering Plaintiff=s Motion for Appointment of Counsel, in view of the relevant
factors, the Court finds that the facts and legal issues presented in the instant case are not so
complex as to warrant the appointment of counsel at this time. In addition, the pleadings filed by
Barry K. Baker indicate that he is capable of presenting the facts and legal issues without the
assistance of counsel. Plaintiff=s Motion for Appointment of Counsel will therefore be denied.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff=s Motion for Appointment of Counsel [4] is
DENIED, without prejudice.

Dated this 2nd day of September, 2014.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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