Coffman v. Wallace

Filing 3

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that petitioner's motion for appointment of counsel [ECF No. 2 ] is DENIED without prejudice. Signed by District Judge E. Richard Webber on 2/2/16. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MICHAEL S. COFFMAN,
Petitioner,
v.
IAN WALLACE,
Respondent.

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No. 4:16CV118 ERW

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 petition.

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
progresses.
Accordingly,

IT IS HEREBY ORDERED that petitioner’s motion for appointment of counsel [ECF
No. 2] is DENIED without prejudice.
So Ordered this 2nd day of February, 2016.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

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