Shelby v. Missouri Department of Corrections et al

Filing 13

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 4 ] is DENIED without prejudice.. Signed by District Judge John A. Ross on 8/18/17. (KKS)

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I- UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION IlMMY DEWAYNE SHELBY, Plaintiff, v. MISSOURI DEPARTMENT OF CORRECTIONS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) No. 4:17-CV-821 JAR MEMORANDUM AND ORDER Plaintiff 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. 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 plaintiffs 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. Although by separate order the Plaintiff will be directed to submit an amended complaint, he has presented non-frivolous allegations in this complaint. 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 appear to be overly complex. The Court will entertain a future motion for appointment of counsel if circumstances change as the case progresses. Accordingly, IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel [ECF No. 4] is DENIED without prejudice. Dated this 17th day of August, 2017. 'A. ROSS D STATES DISTRICT JUDGE -2-

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