Dinkins v. USA

Filing 12

MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that movant's motion for the appointment of counsel is DENIED without prejudice. [Doc. 2]. Signed by District Judge Charles A. Shaw on 9/20/2017. (MRC)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ROBERT O. DINKINS, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) No. 4:17-CV-2296-CAS MEMORANDUM AND ORDER This matter is before the Court on movant=s motion for the appointment of counsel. The motion will be denied. 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 movant has presented non-frivolous allegations supporting his or her prayer for relief; (2) whether the movant will substantially benefit from the appointment of counsel; (3) whether there is a need to further investigate and present the facts related to the movant=s 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. 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 movant=s motion for the appointment of counsel is DENIED without prejudice. [Doc. 2] CHARLES A. SHAW UNITED STATES DISTRICT JUDGE Dated this 20th day of September, 2017. -2-

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