Reynolds v. Russell et al

Filing 8

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for an extension of time to file an amended complaint [ECF No. 7 ] is GRANTED. Plaintiff must file his amended complaint no later than March 31, 2016.IT IS FURTHER ORDERED that plaintiffs motions for appointment of counsel [ECF Nos. 3 , 6 ] are DENIED without prejudice.( Response to Court due by 3/31/2016.). Signed by District Judge Jean C. Hamilton on 02/23/2016. (CLK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KENNETH DA’VON REYNOLDS,
Plaintiff,
v.
HARRY RUSSELL, et al.,
Defendants.

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No. 4:16CV149 JCH

MEMORANDUM AND ORDER
Plaintiff moves for an extension of time to file an amended complaint and for
appointment of counsel. Plaintiff’s motion for an extension of time is reasonable and is granted.
Plaintiff’s motion for appointment of counsel is 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 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.

The Court will entertain future motions for appointment of counsel as the case
progresses.
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for an extension of time to file an
amended complaint [ECF No. 7] is GRANTED. Plaintiff must file his amended complaint no
later than March 31, 2016.
IT IS FURTHER ORDERED that plaintiff’s motions for appointment of counsel [ECF
Nos. 3, 6] are DENIED without prejudice.
Dated this 23rd day of February, 2016.

/s/ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE

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