Nash v. Griffith
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner Dennis R. Nashs motion for the appointment of counsel (Docket No. 3 ) is DENIED without prejudice. Signed by District Judge John A. Ross on 12/7/17. (JAB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
DENNIS R. NASH,
MEMORANDUM AND ORDER
This matter is before the Court upon the motion of petitioner Dennis R. Nash for the
appointment of counsel. (Docket No. 3). 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 whether the petitioner has
presented non-frivolous allegations supporting his or her prayer for relief, whether the petitioner
will substantially benefit from the appointment of counsel, whether the petitioner’s claims
involve information readily available to him, and the complexity of the factual and legal issues
presented by the action. See Phillips v. Jasper County Jail, 437 F.3d 791, 94 (8th Cir. 2006),
Johnson v. Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986), Nelson, 728 F.2d at 1005.
In the case at bar, petitioner has presented non-frivolous allegations in his petition.
However, he has demonstrated, at this point, that he is well-able to present his claims to the
Court, and it therefore cannot be said that he would substantially benefit from the appointment of
counsel. In addition, neither the factual nor the legal issues appear complex, and there is no
indication that petitioner’s claims involve information that is not readily available to him.
However, the Court recognizes that the relevant circumstances may change as the case
progresses. The Court will therefore deny the motion for the appointment of counsel, without
prejudice. If appropriate at a later time, petitioner may file a motion to appoint counsel that
addresses the relevant factors.
IT IS HEREBY ORDERED that petitioner Dennis R. Nash’s motion for the
appointment of counsel (Docket No. 3) is DENIED without prejudice.
Dated this 7th day of December, 2017.
JOHN A. ROSS
UNITED STATES DISTRICT JUDGE
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