Kinder v. Tremco et al

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff shall cause service to be effected upon defendants within 120 days of the date of this Order. In absence of good cause shown, failure to timely serve defendants shall result in the dismissa l of plaintiff's claims without prejudice. IT IS FURTHER ORDERED that the Clerk of Court shall forward to plaintiff with a copy of this order: i) a file-stamped copy of the complaint; ii) a summons forms; iii) a ANotice of Intent to Use Priva te Process Server form; and iv) Waiver of Service Forms. IT IS FINALLY ORDERED that plaintiff's motion for appointment of counsel [#3] is denied without prejudice. Signed by District Judge Catherine D. Perry on September 30, 2014. (Forms mailed to plaintiff this date.) (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
WILLIAM KINDER,
Plaintiff,
v.
TREMCO and JOE BRASIL,
Defendants,

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No. 4:14CV1332 CDP

MEMORANDUM AND ORDER
The Court notes that plaintiff William Kinder has now paid the full filing fee in
this action. In light of his payment, I will ignore his noncompliance with my order
dated August 11, 2014, requiring him to amend his complaint and resubmit it on a
court-provided form. This action will proceed instead on the complaint Kinder has
filed.
Kinder has requested appointment of counsel. A civil litigant has no
constitutional or statutory right to court-appointed counsel, and the decision whether
to make an appointment is within the Court’s discretion. See Sours v. Norris, 782
F.2d 106, 107 (8th Cir. 1986). Here, considering Kinder’s nonindigent status and his
demonstrated ability to prosecute this action on his own, at least at this stage, I will
deny without prejudice his motion for appointment of counsel. See Section 706(f) of
Title VII, 42 U.S.C. § 2000e–5(f)(1) (court may appoint counsel “in such
circumstances as the court may deem just”); Slaughter v. City of Maplewood, 731

F.2d 587, 590 (8th Cir. 1984) (listing factors to be considered, including plaintiff’s in
forma pauperis status).
Because Kinder has paid the filing fee, his complaint is not subject to review
under 28 U.S.C. § 1915(a). As such, he is responsible for serving defendants in
accordance with Federal Rule of Civil Procedure 4 within 120 days of the date of this
Memorandum and Order.
Accordingly,
IT IS HEREBY ORDERED that plaintiff shall cause service to be effected
upon defendants within 120 days of the date of this Order. In absence of good cause
shown, failure to timely serve defendants shall result in the dismissal of plaintiff=s
claims without prejudice.
IT IS FURTHER ORDERED that the Clerk of Court shall forward to
plaintiff with a copy of this order: i) a file-stamped copy of the complaint; ii) a
summons forms; iii) a ANotice of Intent to Use Private Process Server@ form; and iv)
Waiver of Service Forms.
IT IS FINALLY ORDERED that plaintiff’s motion for appointment of
counsel [#3] is denied without prejudice.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 30th day of September, 2014.
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