Shelby v. Missouri Department of Corrections et al
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
IlMMY DEWAYNE SHELBY,
MISSOURI DEPARTMENT OF
CORRECTIONS, et al.,
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.
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.
D STATES DISTRICT JUDGE
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