Smith v. Bank of America et al

Filing 17

MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Defendants' Motion for Sanctions and Reconsideration (ECF No. 135 ) is DENIED. Signed by District Judge Ronnie L. White on 1/31/2017. (NEB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION EDDIE SMITH, ) ) ) ) ) ) ) ) ) ) Plaintiff, V. BANK OF AMERICA, N.A. , Defendant. Case No. 4:16CV1917 RLW MEMORANDUM AND ORDER This matter is before the Court on Plaintiffs Motion for Appointment of Counsel and Affidavit in Support (ECF No. 15). There is no constitutional or statutory right to appointed counsel in a civil case. Nelson v. Redfield Lithograph Printing, 728 F.2d 1003, 1004 (8th Cir. 1984). In determining whether to appoint counsel, courts consider factors that include whether the plaintiff has presented non-frivolous allegations supporting his prayer for relief, whether the plaintiff will substantially benefit from the appointment of counsel, whether there is a need to further investigate and present the facts related to the plaintiff's allegations, and whether the factual and legal issues presented by the action are complex. See Battle v. Armantrout, 902 F .2d 701 , 702 (8th Cir. 1990); Johnson v. Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986); Nelson, 728 F.2d at 1005. After considering Plaintiffs Motion for Appointment of Counsel, in view of the relevant factors, the Court finds that the facts and legal issues presented in the instant case are not so complex as to warrant the appointment of counsel at this time. In addition, the pleadings filed by Eddie Smith, indicate that he is capable of presenting the facts and legal issues without the assistance of counsel. Plaintiffs Motion for Appointment of Counsel will therefore be denied. Accordingly, IT IS HEREBY ORDERED that Plaintiffs Motion for Appointment of Counsel (ECF No. 15) is DENIED, without prejudice. Dated this 3 lat day of January, 2017. ~,L~ RONNIE L. WHITE UNITED STATES DISTRICT JUDGE v 2 v

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