Farris v. USA
MEMORANDUM AND ORDER IT IS HEREBY ORDERED that petitioner's motion for appointment of counsel is DENIED without prejudice. Signed by District Judge John A. Ross on 12/14/15. (KXS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
GARY W. FARRIS,
UNITED STATES OF AMERICA,
No. 4:15CV1728 JAR
MEMORANDUM AND ORDER
Petitioner moves for appointment of counsel. After considering the motion and the
pleadings, the motion is denied without prejudice to refiling at a later time.
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.
Petitioner has presented non-frivolous allegations in his motion to vacate. However, he
has demonstrated, at this point, that he can adequately present his claims to the Court.
Additionally, neither the factual nor the legal issues in this case are complex.
The Court will entertain future motions for appointment of counsel as the case
IT IS HEREBY ORDERED that petitioner’s motion for appointment of counsel is
DENIED without prejudice.
Dated this 14th day of December, 2015.
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
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