Darrow v. Mesmer

Filing 16

OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Plaintiffs motion for appointment of counsel [Doc. # 15 ] is DENIED WITHOUT PREJUDICE Signed by District Judge Henry Edward Autrey on 6/6/16. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
NANCY V. DARROW,
Plaintiff,
v.
ANGELA MESMER,
Defendants.

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No. 4:15CV01468 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on Plaintiff’s motion for appointment of counsel [Doc.
#15]. 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 appointment of counsel is not
warranted at this time. This case is neither factually nor legally complex. Moreover, it is evident
that Plaintiff is able to present her claims, because the Court has ordered Defendants to respond
to Plaintiff’s claims. Finally, the appointment of counsel is not warranted at this time.
Accordingly,

IT IS HEREBY ORDERED that Plaintiff’s motions for appointment of counsel [Doc.
#15] is DENIED WITHOUT PREJUDICE.
Dated this 6th day of June, 2016.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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