Ward v. Steele
Filing
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Petitioners motion for appointment of counsel (Doc. 15 ) is DENIED without prejudice. Signed by Magistrate Judge Shirley Padmore Mensah on 10/26/17. (ARL)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MARKA C. WARD,
Petitioner,
v.
TROY STEELE,
Respondent.
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No. 4:17-CV-01371 SPM
MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s motion for appointment of counsel. (Doc.
15). The motion will be denied without prejudice.
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 Battle v. Armontrout, 902 F.2d
701, 702 (8th Cir. 1990); Nelson, 728 F.2d at 1005.
After considering these factors, the Court finds that the facts and legal issues involved are
not so complicated that the appointment of counsel is warranted at this time.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s motion for appointment of counsel (Doc.
15) is DENIED without prejudice.
SHIRLEY PADMORE MENSAH
UNITED STATES MAGISTRATE JUDGE
Dated this 26th day of October, 2017.
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