Augustine v. Pitchford et al

Filing 47

ORDER denying 45 Motion to Appoint Counsel. Signed by U.S. District Judge Karen E. Schreier on 07/28/2021. Mailed copy to Mr. Daniel Augustine via USPS (VMM)

Case 4:20-cv-04072-KES Document 47 Filed 07/28/21 Page 1 of 2 PageID #: 1339

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
DANIEL TODD AUGUSTINE,

4:20-CV-04072-KES

Plaintiff,
vs.
JESSICA SCHREURS, Director of
Nursing/RN, in her individual capacity,

ORDER DENYING PLAINTIFF’S
MOTION FOR THE APPOINTMENT OF
COUNSEL

Defendant.
Plaintiff, Daniel Todd Augustine, filed a pro se civil rights lawsuit under
42 U.S.C. § 1983. Docket 1. This court denied Jessica Schreurs’s motion for
summary judgment based on qualified immunity. Docket 43 at 23. Now,
Augustine moves for the appointment of counsel. Docket 45.
“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). Under 28 U.S.C. § 1915(e)(1), “[t]he court may request an attorney to
represent any person unable to afford counsel.” When determining whether to
appoint counsel to a pro se litigant, the court considers “the factual complexity
of the case, the ability of the indigent to investigate the facts, the existence of
conflicting testimony, the ability of the indigent to present his claim and the
complexity of the legal issues.” Abdullah v. Gunter, 949 F.2d 1032, 1035 (8th
Cir. 1991) (citing Johnson v. Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986)

Case 4:20-cv-04072-KES Document 47 Filed 07/28/21 Page 2 of 2 PageID #: 1340

(holding that the district court erred when it denied the plaintiff’s motion for
counsel solely because the plaintiff did not raise factually complex issues)).
Here, Augustine claims that he cannot afford to retain private counsel, that the
“issues are factually complex,” and that the denial of summary judgment
created genuine issues of material fact. See Docket 45.
But Augustine has proven that he can clearly communicate his position
before the court. At this time, the court believes that Augustine can adequately
present his claims. Further, the issues are not factually complex. Augustine’s
motion for the appointment of counsel (Docket 45) is denied but the court
remains open to the possibility of appointing counsel if this case proceeds
beyond the motion stage.
Thus, it is ORDERED:
1. That Augustine’s motion for the appointment of counsel, Docket 45, is
denied.
Dated July 28, 2021.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE