Daugherty v. AAA Auto Club of Missouri

Filing 5

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel is DENIED without prejudice. 4 Signed by District Judge Henry Edward Autrey on 9/4/14. (CLA)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION MIA M. DAUGHERTY, Plaintiff, v. AAA AUTO CLUB OF MISSOURI, Defendant. ) ) ) ) ) ) ) ) ) No. 4:14CV1507 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 facts and legal issues involved are not so complicated that the appointment of counsel is warranted at this time. Plaintiff alleges that she was subjected to a hostile work environment in retaliation for having complained about race discrimination in the workplace. The facts and legal issues in this action are commonplace, and plaintiff should be able to prosecute this case without the aid of an attorney. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel is DENIED without prejudice. Dated this 4th day of September, 2014. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE -2-

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