Scott v. LaSalle Bank, NA
MEMORANDUM AND ORDER re: 3 MOTION to Appoint Counsel filed by Plaintiff Claude Scott. IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel is DENIED without prejudice. The Court will continue to monitor the progress of this case, and if it appears to this Court that the need arises for counsel to be appointed, the Court will do so. Signed by District Judge Stephen N. Limbaugh, Jr on 2/23/16. (CSG)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
LASALLE BANK, N.A.,
Case No. 4:16CV00205 SNLJ
MEMORANDUM AND ORDER
This matter is before the Court on plaintiff=s motion for appointment of counsel,
#3. The motion will be denied.
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).
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.
After considering these factors, the Court finds that the facts and legal issues
involved are not so complicated that the appointment of counsel is warranted at this time.
IT IS HEREBY ORDERED that plaintiff=s motion for appointment of counsel is
DENIED without prejudice. The Court will continue to monitor the progress of this case,
and if it appears to this Court that the need arises for counsel to be appointed, the Court
will do so.
Dated this 23rd day of February, 2016.
STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE
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