McPeek v. Kelsey et al
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
MAY 3 0 2017
TRAVIS RAY MCPEEK,
OPINION AND ORDER DENYING
MOTION TO APPOINT COUNSEL
UNKNOWN PENNINGTON COUNTY
OFFICERS, SGT. CASS, JAIL
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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