McCauley v. Gray et al
Filing
10
OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk is directed to send plaintiff a prisoner civil rights complaint form. IT IS FURTHER ORDERED that plaintiffs motion for extension of time [ECF No. 8 ] is GRANTED. Plaintiff must fil e his amended complaint within twenty- eight (28) days from the date of this Order. IT IS FURTHER ORDERED that plaintiffs motions for appointment of counsel [ECF Nos. 3 , 9 ] are DENIED without prejudice. (Prisoner Civil Rights Complaint attaced to this order.) Signed by District Judge Henry Edward Autrey on 1/22/16. (KJS)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JERRY LAJUAN McCAULEY,
Plaintiff,
v.
RICHARD GRAY, et al.,
Defendants,
)
)
)
)
)
)
)
)
)
No. 4:15CV1899 HEA
OPINION, MEMORANDUM AND ORDER
This matter is before the Court on plaintiff’s motions for extension of time and for
appointment of counsel. The motion for extension of time is granted, and the motion for
appointment of counsel is denied without prejudice.
Plaintiff moves for extra time to file his amended complaint. He says that the
Justice Center does not have legal materials and that he does not have any templates to
follow. He also says that he does not have access to a typewriter or word processor.
It is not necessary for plaintiff to make legal arguments in his amended complaint.
Plaintiff must use the Court’s civil rights complaint form, which contains the information
he needs to submit a complete complaint. Plaintiff only needs to allege the facts that he
claims entitle him to federal relief. That is, he must allege the “who, what, when, where”
of what happened. The Federal Rules only require a “short and plain” statement of the
facts. Fed. R. Civ. P. 8(a). Plaintiff should also follow the instructions in the Court’s
Order dated December 22, 2015, which contain information relevant to stating a case
under 42 U.S.C. § 1983. The Court will send plaintiff another civil rights complaint
form, and the Court will give plaintiff another twenty-eight days to file his amended
complaint. The complaint may be handwritten.
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.
Plaintiff has presented non-frivolous allegations in his complaint.
However,
neither the factual nor the legal issues in this case are complex. As a result, the Court
will dismiss the motion for appointment of counsel without prejudice. The Court will
entertain future motions for appointment of counsel as the case progresses.
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to send plaintiff a prisoner
civil rights complaint form.
IT IS FURTHER ORDERED that plaintiff’s motion for extension of time [ECF
No. 8] is GRANTED. Plaintiff must file his amended complaint within twenty-eight
(28) days from the date of this Order.
2
IT IS FURTHER ORDERED that plaintiff’s motions for appointment of counsel
[ECF Nos. 3, 9] are DENIED without prejudice.
Dated this 22nd day of January, 2016
___________________________________
HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE
3
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DIVISION
(Enter above the full name of the
Plaintiff(s) in this action. Include prison
registration number(s).)
v.
(Enter above the full name of ALL Defendant(s) in this action. Fed. R. Civ. P. 10(a)
requires that the caption of the complaint
include the names of all the parties. Merely
listing one party and "et al." is insufficient.
Please attach additional sheets if necessary.
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
Case No.
(To be assigned by Clerk)
PRISONER CIVIL RIGHTS COMPLAINT UNDER 42 U.S.C. § 1983
I.
PLACE OF PRESENT CONFINEMENT:
II.
PREVIOUS CIVIL ACTIONS:
A.
Have you brought any other civil actions in state or federal court dealing with the
same facts involved in this action or otherwise relating to your confinement?
YES
[
]
NO
[
]
B.
If your answer to “A” is YES, describe the action(s) in the space below. If there is
more than one action, you must describe the additional action(s) on a separate piece
of paper, using the same format as below.
1.
Parties to previous civil action:
Plaintiff(s):
Defendant(s):
2.
3.
Docket or case number:
4.
Name of Judge:
5.
Basic claim made:
6.
III.
Court where filed:
Present disposition (Is the case still pending? Is it closed? If closed, was it
appealed?):
GRIEVANCE PROCEDURES:
A.
Is there a prisoner grievance procedure at the institution in which you are
incarcerated?
YES
B.
[
]
NO
[
]
Have you presented this grievance system the facts which are at issue in this
complaint?
YES
[
]
NO
-2-
[
]
C.
D.
IV.
If your answer to “B” is YES, what steps did you take:
If your answer to “B” is NO, explain why you have not used the grievance system:
PARTIES TO THIS ACTION:
A.
Plaintiff(s)
1.
2.
Plaintiff’s address:
3.
Registration number:
4.
B.
Name of Plaintiff:
Additional Plaintiff(s) and address(es):
Defendant(s)
1.
Name of Defendant:
2.
Defendant’s address:
3.
Defendant’s employer and job title:
4.
Additional Defendant(s) and address(es):
-3-
V.
COUNSEL
A.
Do you have an attorney to represent you in this action?
YES
B.
[
]
NO
[
]
If your answer to “A” is NO, have you made an effort to contact an attorney to
represent you in this matter?
YES
[
]
NO
[
]
C.
If your answer to “B” is YES, state the name(s) and address(es) of the attorneys you
contacted and the results of those efforts:
D.
If your answer to “B” is NO, explain why you have not made such efforts:
E.
Have you previously been represented by counsel in a civil action in this Court?
YES
F.
[
]
NO
[
]
If your answer to “E” is YES, state the attorney’s name and address:
-4-
VI.
Statement of claim (State as briefly as possible the facts of your case. Describe how each
defendant is involved. You must state exactly what each defendant personally did, or failed
to do, which resulted in harm to you. Include also the names of other persons involved, dates,
and places. Be as specific as possible. State your claims in numbered paragraphs. You may
use additional paper if necessary):
-5-
VII.
RELIEF
State briefly and exactly what you want the Court to do for you. Do not make legal
arguments. (Note: If you are a state prisoner and you seek from this Court relief that affects
the length or duration of your imprisonment, your case must be filed on a § 2254 form.)
VIII.
MONEY DAMAGES:
A) Do you claim either actual or punitive monetary damages for the acts alleged in this
complaint?
YES G
NO G
B) If your answer to "A" is YES, state below the amount claimed and the reason or reasons
you believe you are entitled to recover such money damages:
IX.
Do you claim that the wrongs alleged in the complaint are continuing to occur at the present
time?
YES
[
]
NO
Signature of attorney or pro se Plaintiff(s)
[
]
Date
-6-
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?