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)

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