Mayes v. United Parcel Service

Filing 7

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that plaintiffs motion for leave to proceed in forma pauperis [ECF No. 2 ] is GRANTED. IT IS FURTHER ORDERED that the Clerk is directed to issue process on the complaint. IT IS FURTHER ORDERED that plaintiffs motion for appointment of counsel [ECF No. 4 ] is DENIED without prejudice. Signed by District Judge Henry Edward Autrey on 5/5/16. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
LEOPOLD E. MAYES,
Plaintiff,
v.
UNITED PARCEL SERVICE,
Defendant,

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No. 4:16CV570 JCH

MEMORANDUM AND ORDER
Plaintiff moves for leave to proceed in forma pauperis. Having reviewed plaintiff’s
financial affidavit, the Court finds that the motion should be granted.
Plaintiff also moves for appointment of counsel. 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 leave to proceed in forma
pauperis [ECF No. 2] is GRANTED.
IT IS FURTHER ORDERED that the Clerk is directed to issue process on the
complaint.
IT IS FURTHER ORDERED that plaintiff’s motion for appointment of counsel [ECF
No. 4] is DENIED without prejudice.
Dated this 5th day of May, 2016.

/s/ Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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