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Maness v. St. Louis Bread Co., 4:18-CV-1307 JCH. (2018)

Court: District Court, E.D. Missouri Number: infdco20180829b41 Visitors: 16
Filed: Aug. 28, 2018
Latest Update: Aug. 28, 2018
Summary: MEMORANDUM AND ORDER JEAN C. HAMILTON , District Judge . This matter is before the Court on plaintiff's motions for leave to proceed in forma pauperis and her motion to appoint counsel. After considering the motions and the pleadings, the Court will grant plaintiff leave to proceed in forma pauperis, and deny her motion to appoint counsel without prejudice. There is no constitutional or statutory right to appointed counsel in civil cases. Nelson v. Redfield Lithograph Printing, 728 F.2
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MEMORANDUM AND ORDER

This matter is before the Court on plaintiff's motions for leave to proceed in forma pauperis and her motion to appoint counsel. After considering the motions and the pleadings, the Court will grant plaintiff leave to proceed in forma pauperis, and deny her motion to appoint counsel without prejudice.

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.

Plaintiff has presented non-frivolous allegations in her complaint. However, she has demonstrated, at this point, that she can adequately present her claims to the Court. Additionally, neither the factual nor the legal issues in this case are complex. The Court will entertain future motions for appointment of counsel as the case progresses.

Accordingly,

IT IS HEREBY ORDERED plaintiff's motions for leave to proceed in forma pauperis are GRANTED. [ECF Nos. 2 and 4]

IT IS FURTHER ORDERED that plaintiff's motion to appoint counsel is DENIED without prejudice. [ECF No. 3]

Source:  Leagle

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