Dunn v. Arcand et al

Filing 13

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motions for appointment of counsel [ECF No. 6 , 10 ] are DENIED without prejudice. Signed by District Judge John A. Ross on 3/2/16. (JAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MITCHELL DUNN,

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Plaintiff,

v.
JOEY ARCAND, et al.,
Defendants.

No. 4:16CV128 JAR

MEMORANDUM AND ORDER

Plaintiff 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

cons~itutional

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, 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.

Accordingly,

IT IS HEREBY ORDERED that plaintiffs motions for appointment of counsel [ECF
No. 6, 1O] are DENIED without prejudice.
Dated this 2nd day of March, 2016.

UNITED STATES DISTRICT JUDGE

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