Atkins v. Denney
Filing
7
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion for appointment ofcounsel [ECF No. 3] is DENIED without prejudice.. Signed by District Judge Audrey G. Fleissig on 4/14/14. (JWJ)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARQUISE ATKINS,
Petitioner,
v.
LARRY DENNEY,
Respondent.
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No. 4:14CV727 AGF
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). In 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.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for appointment of
counsel [ECF No. 3] is DENIED without prejudice.
Dated this 14th day of April, 2014.
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
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