Schamel v. Lawrence
Filing
14
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 11] is DENIED without prejudice. Signed by District Judge Carol E. Jackson on 8/4/2014. (KMS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JOHN RANDALL SCHAMEL,
Petitioner,
v.
SCOTT LAWRENCE,
Respondent.
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No. 4:14CV1199 CEJ
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff's motion for appointment of
counsel. For the following reasons, 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. 11] is DENIED without prejudice.
Dated this 4th day of August, 2014.
CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
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