Proby v. Bullock et al
MEMORANDUM AND ORDER re: 4 ORDERED that Plaintiffs motion for appointment of counsel is DENIED WITHOUT PREJUDICE.. Signed by District Judge Henry Edward Autrey on 10/8/14. (CEL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
GEORGE PROBY, JR.,
D.R. BULLOCK, et al.,
No. 4:14CV1355 HEA
OPINION, 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 appointment of counsel is not
warranted at this time. The case is neither factually nor legally complex. Moreover, it is evident
that Plaintiff is able to present his claims, because the Court has ordered Defendants to respond
to Plaintiff’s claims. Finally, although Plaintiff asserts that his confinement in a Special Housing
Unit results in limitations on his access to the library and may lead to his failure to meet Court-
ordered deadlines, the Court finds that the appointment of counsel would be premature at this
IT IS HEREBY ORDERED that Plaintiff’s motion for appointment of counsel is
DENIED WITHOUT PREJUDICE.
Dated this 8th day of October, 2014.
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
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