Rogers v. Jenkins et al

Filing 11

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motions for appointment of counsel [ECF Nos. 3 , 4 ] are DENIED without prejudice. Signed by District Judge Carol E. Jackson on 10/21/2016. (CLO)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
COREY JEMELL ROGERS,
Plaintiff,
v.
SHAWN JENKINS, et al.,
Defendants.

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No. 4:16-CV-1144 CEJ

MEMORANDUM AND ORDER
Before the Court are the plaintiff’s motions 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.

If it later appears that

appointment of counsel is appropriate and necessary, the Court will reconsider plaintiff’s
requests.
Accordingly,

IT IS HEREBY ORDERED that plaintiff’s motions for appointment of counsel [ECF
Nos. 3, 4] are DENIED without prejudice.
Dated this 21st day of October, 2016.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

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