McPeek v. Kelsey et al

Filing 26

OPINION AND ORDER denying 25 Motion to Appoint Counsel. Signed by U.S. District Judge Roberto A. Lange on 5/30/2017. (JLS)

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA filed MAY 3 0 2017 SOUTHERN DIVISION 'cia^ TRAVIS RAY MCPEEK, 4:17-CV-04015-RAL Plaintiff, OPINION AND ORDER DENYING MOTION TO APPOINT COUNSEL vs. UNKNOWN PENNINGTON COUNTY OFFICERS, SGT. CASS, JAIL ADMINISTRATOR PAYER, Defendants. Plaintiff Travis R; McPeek ("McPeek"), an inmate at the Yankton County Jail in Yankton, South Dakota, filed this lawsuit pursuant to 42 U.S.C. § 1983 and amended his complaint. Doc. 1; Doc. 8. McPeek now moves this Court to appoint him counsel. Doc. 25. "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). In determining whether to appoint counsel to a pro se litigant's civil case, the district court considers the complexity of the case, the ability of the litigant to investigate the facts, the existence of conflicting testimony, and the litigant's ability to present his claim. Id. McPeek's claims are not complex, and he appears able to adequately present his § 1983 claims at this stage of the case. Therefore, his motion is denied. Accordingly, it is ORDERED that McPeek's motion to appoint counsel (Doc. 25) is denied. Dated May 3^, 2017. BY THE COURT: ROBERTO A. LAN( UNITED STATES DISTRICT JUDGE

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