Blackmon v. Hurley

Filing 5

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [ECF No. 2] is GRANTED. IT IS FURTHER ORDERED that petitioner's motion for appointment of counsel [ECF No. 4] is DENIED. Signed by District Judge Catherine D. Perry on 8/3/2015. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DEREK LAMONT BLACKMON,
Petitioner,
v.
JAMES HURLEY,
Respondent.

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No. 4:15CV1167 CDP

MEMORANDUM AND ORDER
This matter is before the Court on petitioner's motion to proceed in forma pauperis and
motion for appointment of counsel. The motion to proceed in forma pauperis is granted, and the
motion for appointment of counsel is 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 petitioner has
presented non-frivolous allegations supporting his or her prayer for relief; (2) whether the
petitioner will substantially benefit from the appointment of counsel; (3) whether there is a need
to further investigate and present the facts related to the petitioner'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. Petitioner only
raises one ground in the petition: that plea counsel was ineffective for failing to advise him that
arson is a violent crime. So far, petitioner has shown that he can adequately present his claim to
the Court.

Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion for leave to proceed in forma
pauperis [ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that petitioner’s motion for appointment of counsel [ECF
No. 4] is DENIED.
Dated this 3rd day of August, 2015.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

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