BROWN v. HOWE, 4:14CV300RWS. (2014)
Court: District Court, E.D. Missouri
Number: infdco20140512e30
Visitors: 18
Filed: Mar. 31, 2014
Latest Update: Mar. 31, 2014
Summary: MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. This matter is before the Court on plaintiff's motion for appointment of counsel. The motion will be denied. There is no constitutional or statutory right to appointed counsel in civil cases. Nelson v. Redfield Lithograph Printing , 728 F.2d 1003 , 1004 (8 th Cir. 1984). In determining whether to appoint counsel, the Court considers several factors, including (1) whether the plaintiff has presented non-frivolous allegations supporting
Summary: MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. This matter is before the Court on plaintiff's motion for appointment of counsel. The motion will be denied. There is no constitutional or statutory right to appointed counsel in civil cases. Nelson v. Redfield Lithograph Printing , 728 F.2d 1003 , 1004 (8 th Cir. 1984). In determining whether to appoint counsel, the Court considers several factors, including (1) whether the plaintiff has presented non-frivolous allegations supporting ..
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MEMORANDUM AND ORDER
RODNEY W. SIPPEL, District Judge.
This matter is before the Court on plaintiff's motion for appointment of counsel. The motion will be denied.
There is no constitutional or statutory right to appointed counsel in civil cases. Nelson v. Redfield Lithograph Printing, 728 F.2d 1003, 1004 (8th Cir. 1984). In determining whether to appoint counsel, the Court considers several factors, including (1) whether the plaintiff has presented non-frivolous allegations supporting his or her prayer for relief; (2) whether the plaintiff will substantially benefit from the appointment of counsel; (3) whether there is a need to further investigate and present the facts related to the plaintiff's allegations; and (4) whether the factual and legal issues presented by the action are complex. See Johnson v. Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986); Nelson, 728 F.2d at 1005.
After considering these factors, the Court finds that the facts and legal issues involved are not so complicated that the appointment of counsel is warranted at this time. Plaintiff's allegations are that defendants assaulted him while he was handcuffed and denied him medical care. Additionally, plaintiff has demonstrated an ability to prosecute his claims in this Court.
Accordingly,
IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 7] is DENIED without prejudice. `
Source: Leagle
