Bowers v. Mullen et al

Filing 15

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 13 ] and motion to compel [ECF No. 14 ] are DENIED without prejudice. Signed by District Judge John A. Ross on 10/1/14. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARK BOWERS,
Plaintiff,
v.
DAVID A. MULLEN, et al.,
Defendants,

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No. 4:14CV1185 JAR

MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motions to compel discovery and for
appointment of counsel. The motions will be denied.
The motion to compel is premature because the Court has not authorized discovery.

See

E.D. Mo. L.R. 16 - 5.01, 16 - 5.04 (discovery in prisoner cases may not take place until Court
enters a Case Management Order). As a result, the motion is denied without prejudice.
“A pro se litigant has no statutory or constitutional right to have counsel appointed in a
civil case.” Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998). When determining whether
to appoint counsel for an indigent litigant, the Court considers relevant factors, such as the
complexity of the case, the ability of the pro se litigant to investigate the facts, the existence of
conflicting testimony, and the ability of the pro se litigant to present his or her claim. Id. After
reviewing these factors, the Court finds that the appointment of counsel is not warranted at this
time. This case is neither factually nor legally complex. As a result, the motion is denied
without prejudice.
Accordingly,

IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel [ECF
No. 13] and motion to compel [ECF No. 14] are DENIED without prejudice
Dated this 1st day of October, 2014.

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JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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