Terry v. Fields et al

Filing 16

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiffs motion for appointment of counsel is DENIED without prejudice. (Doc. No. 12 .) Signed by District Judge Audrey G. Fleissig on 11/03/2016. (KCB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION EDWARDS TERRY, ) ) ) ) ) ) ) ) ) Plaintiff, vs. JEROME FIELDS, et al., Defendants. Case No. 4:16CV01268 AGF MEMORANDUM AND ORDER This matter is before the Court on Plaintiff=s motion for appointment of counsel in this civil rights action. There is no constitutional right for a pro se plaintiff to have counsel appointed in a civil case, although a district court has discretion to appoint an attorney to handle such a case when necessary. Phillips v. Jasper County Jail, 437 F.3d. 791, 794 (8th Cir. 2006). Among the factors a court should consider in making this determination are the legal and factual complexity of the case, the ability of the plaintiff to investigate the facts and present his claim, and to what degree the plaintiff and the court would benefit from such an appointment. Id. Upon review of the file and the relevant factors, the Court finds that appointment of counsel is unnecessary at this time. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s motion for appointment of counsel is DENIED without prejudice. (Doc. No. 12.) AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE Dated this 3rd day of November, 2016.

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