McAllister v. Bowersox

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's motion for appointment of counsel is DENIED without prejudice. Signed by District Judge Ronnie L. White on April 22, 2016. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EUGENE McALLISTER,
Petitioner,
v.
MICHAEL BOWERSOX,
Respondent.

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No. 4:16CV558 RLW

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. Red.field 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 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 petitioner's motion for appointment of
counsel is DENIED without prejudice.
Dated this

~y of April, 2016.
RONNIE L. WHITE
UNITED STATES DISTRICT JUDGE

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