Prosser v. Hylton

Filing 9

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that Appellants Motion for Appointment of Counsel (ECF 6 ) is DENIED. Signed by District Judge Jean C. Hamilton on 12/12/17. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
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In re:
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Jacqueline C. Hylton,
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Debtor,
___________________________________ )
CHRISTOPHER LEE PROSSER,
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Appellant,
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v.
JACQUELINE C. HYLTON,
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Appellee.
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No. 4:17CV2773JCH

MEMORANDUM AND ORDER
Before the Court is Appellant’s Motion for Appointment of Counsel. (ECF
6).
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 appellant has presented non-frivolous allegations supporting his prayer
for relief, whether the appellant will substantially benefit from the appointment of
counsel, whether there is a need to further investigate and present the facts related
to the appellant’s allegations, and whether the factual and legal issues presented by

the action are complex. See Battle v. Armontrout, 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 Appellant’s 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. In
addition, the pleadings filed by Appellant indicate that he is capable of presenting
the facts and legal issues without the assistance of counsel. Appellant’s Motion for
Appointment of Counsel will, therefore, be denied.
Accordingly,
IT IS HEREBY ORDERED that Appellant’s Motion for Appointment of
Counsel (ECF 6) is DENIED.
Dated this 12th Day of December 2017.

/s/ Jean C. Hamilton
UNITED STATES DISTRICT JUDGE