Mayer v. Chambers et al

Filing 19

MEMORANDUM AND ORDERIT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel is DENIED WITHOUT PREJUDICE. 13 Signed by District Judge Jean C. Hamilton on 12/4/14. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHAEL MAYER,
Plaintiff,
v.
UNKNOWN CHAMBERS, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 4:14CV1356 JCH

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 defendant Chambers to
respond to plaintiff’s claims.
premature at this juncture.

The Court finds that the appointment of counsel would be

The Court further notes that plaintiff, in response to the Clerk’s October 15, 2014 letter to
plaintiff, has provided the Court with service information and forms related to defendant
Chambers. Defendant Chambers was served by the United States Marshal via certified U.S.
Mail. [ECF No. 12]. No further action is needed by plaintiff with respect to service.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel is
DENIED WITHOUT PREJUDICE.
Dated this 4th day of December, 2014.

/s/ Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

2