Winston v. Gray et al
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel is DENIED without prejudice. Signed by District Judge Rodney W. Sippel on 1/12/15. (ARL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DEANGELO DON’VERGIL WINSTON,
RICHARD GRAY, et al.,
No. 4:14CV1898 RWS
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff's motion for appointment of counsel. 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 facts and legal issues involved are
not so complicated that the appointment of counsel is warranted at this time. Plaintiff alleges
that he is Jewish and has been deprived of kosher meals because defendants have decided to stop
ordering kosher food for the institution. And plaintiff has demonstrated that he is able to present
his claims to the Court in an articulate manner.
IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel is
DENIED without prejudice.
Dated this 12th day January, 2015.
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?