Teen v. Poland

Filing 24

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Plaintiff's Motion for Appointment of Counsel (ECF No. 22 ) is DENIED, without prejudice. Signed by District Judge Ronnie L. White on 12/6/2018. (AFC)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ANTRELL TEEN, Plaintiff, v. DREW POLAND, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 4: 17CV1787 RL W MEMORANDUM AND ORDER This matter is before the Court on Plaintiffs Motion for Appointment of Counsel (ECF No. 22). 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 plaintiffs 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 Antrell Teen, 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. 22) is DENIED, without prejudice. Dated this 6th day of December, 2018. ~Jdffo RONNIE L. WHITE UNITED STATES DISTRICT JUDGE

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