Proby v. Bullock et al

Filing 48

OPINION, MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiffs motion for appointment of counsel [Doc. # 35 ] is DENIED WITHOUT PREJUDICE. Signed by District Judge Henry Edward Autrey on 01/09/2015. (CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GEORGE PROBY, JR.,
Plaintiff,
v.
D.R. BULLOCK, et al.,
Defendants.

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No. 4:14CV1355 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s motion for appointment of counsel [Doc.
#35]. The motion will be denied, without prejudice.
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. As this Court has previously noted on October 8, 2014, in its Order
denying plaintiff’s first motion for appointment of counsel [Doc. #11], this 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 summarily asserts that his “imprisonment will greatly limit his ability to litigate,” the
Court finds that the appointment of counsel would be premature at this time.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s motion for appointment of counsel [Doc.
#35] is DENIED WITHOUT PREJUDICE.
Dated this 9th day of January, 2015.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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