Reed v. Steele

Filing 6

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioners motion for appointment of counsel [ECF No. 2 ] is denied without prejudice. IT IS FURTHER ORDERED that petitioners motion for an evidentiary hearing [ECF No. 3 ] is denied without prejudice. Signed by District Judge Carol E. Jackson on 12/15/15. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
ARTHUR T. REED,
Petitioner,
v.
TROY STEELE,
Respondent,

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No. 4:15CV1843 CEJ

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s motion for appointment of
counsel and motion for an evidentiary hearing. The motions are 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 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

to

the

Court.

Additionally, he has demonstrated so far that he can adequately present his claims.
Moreover, neither the factual nor the legal issues in this case are complex.
Therefore, counsel will not be appointed.
Under Rule 8 of the Rules Governing § 2254 Cases, the Court “must review
the answer, any transcripts and records of the state-court proceedings, and any
materials submitted under Rule 7 to determine whether an evidentiary hearing is
warranted.” The answer, transcripts, and state court record have not yet been
submitted. Thus, the motion for a hearing is premature.
Accordingly,
IT IS HEREBY ORDERED that petitioner’s motion for appointment of
counsel [ECF No. 2] is denied without prejudice.
IT IS FURTHER ORDERED that petitioner’s motion for an evidentiary
hearing [ECF No. 3] is denied without prejudice.
Dated this 15th day of December, 2015.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE
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