Seddens v. Wallace

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's motion for appointment of counsel [ECF No. 3 ] is GRANTED. Signed by District Judge Audrey G. Fleissig on March 7, 2017. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
BRYAN SEDDENS,
Petitioner,
v.
IAN WALLACE,
Respondent,

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No. 4:16-CV-449 AGF

MEMORANDUM AND ORDER
The Court of Appeals for the Eighth Circuit has given Petitioner
authorization to file a second or successive petition for writ of habeas corpus.
Pending before the Court is Petitioner’s motion for appointment of counsel. The
motion is granted.
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.
After considering these factors, the Court finds that appointing counsel is
warranted.

The legal issues in this case are complex, and Petitioner will

substantially benefit from the appointment of counsel.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s motion for appointment of
counsel [ECF No. 3] is GRANTED.
Dated this 7th day of March, 2017.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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