Potter v. Lineback et al

Filing 21

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that plaintiffs motion for the appointment of counsel (Docket No. 4 ) is DENIED without prejudice. Signed by District Judge Audrey G. Fleissig on 09/10/2018. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

CHRISTOPHER J. POTTER,
Plaintiff,
v.
NICHOLAS LINEBACK, et al.,
Defendants.

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No. 4:18-cv-235-AGF

MEMORANDUM AND ORDER
This matter is before the Court upon the motion to appoint counsel, filed by plaintiff
Christopher J. Potter. The motion will be denied, without prejudice.
“A pro se litigant has no statutory or constitutional right to have counsel appointed in a
civil case.” Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998). When determining whether
to appoint counsel for an indigent litigant, the Court considers relevant factors, such as the
complexity of the case, the ability of the pro se litigant to investigate the facts, the existence of
conflicting testimony, and the ability of the pro se litigant to present his claims. Id.
This case has been stayed and administratively closed pending final disposition of
plaintiff’s three pending criminal cases. Therefore, it would be premature to consider the instant
motion at this time. If appropriate once the stay is lifted and this case is re-opened, plaintiff may
file a motion to appoint counsel that addresses the foregoing factors.

Accordingly,
IT IS HEREBY ORDERED that plaintiff’s motion for the appointment of counsel
(Docket No. 4) is DENIED without prejudice.
Dated this 10th day of September, 2018.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE

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