Perkins v. Myrtle Hilliard Davis

Filing 8

MEMORANDUM AND ORDER re: 4 MOTION to Appoint Counsel filed by Plaintiff Jerry Perkins motion is denied without prejudice.. Signed by Magistrate Judge Shirley P. Mensah on 10/31/14. (LGK)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JERRY PERKINS, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. MYRTLE HILLIARD DAVIS d/b/a FLORENCE HILL, Defendant. No. 4:14-CV-1755-SPM 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. Further, plaintiff has thus far been able to articulate his claims in a clear, concise manner. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel is DENIED without prejudice. Dated this 31st day of October, 2014. SHIRLEY A. PADMORE MENSAH UNITED STATES MAGISTRATE JUDGE -2-

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