OPINION AND ORDER DENYING MOTIONS FOR REVIEW OF DENIAL OF COUNSEL, DENYING OBJECTIONS TO ORDER, AND DENYING MOTION TO APPOINT COUNSEL

ROBERTO A. LANGE, District Judge.

Plaintiff-inmates filed this lawsuit pursuant to 42 U.S.C. § 1983. Doc. 1. Plaintiffs Jeffery Jacob-Daniel Klinghagen and Michael Eugene Koch now move for review of denial of counsel. Doc. 118; Doc. 120. Koch also objects to United States Magistrate Judge Veronica L. Duffy's order denying his motion for a temporary restraining order and preliminary injunction, Doc. 124, and moves this Court to appoint him counsel. Doc. 134. For the following reasons, plaintiffs' motions are denied.

I. DISCUSSION

A. Motions for Review of Denial of Counsel

Under the Federal Rules of Civil Procedure,

Fed. R. Civ. P. 72(a).

1. Klinghagen's Motion for Review of Denial of Counsel

Klinghagen requests that this Court review Magistrate Judge Duffy's order denying him counsel. Doc. 118. He seeks to amend his complaint and argues that he requires the assistance of counsel in order to do so. Id. This Court agrees with the analysis and conclusion in Magistrate Judge Duffy's order denying Klinghagen's motion to appoint counsel. See Doc. 116. Klighagen seeks to amend his complaint to raise a claim under the Americans with Disabilities Act ("ADA"). Doc. 118. Because the complaint contains claims under the ADA, it appears that Klinghagen has the ability to bring a claim under the ADA or access to someone who does. This Court finds that nothing in Magistrate Judge Duffy's order denying Klinghagen's motion is clearly erroneous or contrary to law. Therefore, Klinghagen's motion for review is denied.

2. Koch's Motion for Review of Denial of Counsel

Koch requests that this Court review Magistrate Judge Duffy's order denying him counsel. Doc. 120. He argues that he does not understand his medical files and does not know how to extract the information he needs from them. Id. This Court agrees with the analysis and conclusion in Magistrate Judge Duffy's order denying Koch's motion to appoint counsel. See Doc. 117. It appears that Koch can represent himself adequately. This Court finds that nothing in Magistrate Judge Duffy's order denying Koch's motion is clearly erroneous or contrary to law. Therefore, Koch's motion for review is denied.

Both Klinghagen and Koch ask that their motions, if denied, be considered notices of appeal to the Court of Appeals for the Eighth Circuit. Doc. 118; Doc. 120. "In most circuits, an order denying a motion for appointment of counsel in a § 1983 action is not immediately appealable, because there is no final decision of the district court." Ward v. Smith, 721 F.3d 940, 942 (8th Cir. 2013). However, the Eighth Circuit is different based on Nelson v. Shuffman, 476 F.3d 635 (8th Cir. 2007), making an order denying appointment of counsel appealable apparently under the collateral order appeal doctrine. See Ward 721 F.3d at 942. Therefore, Klinghagen and Koch may appeal this order, and the Court construes their motions as notices of appeal.

B. Objection to Magistrate Judge Duffy's Decision on Dispositive Motions

Koch also objects to Magistrate Judge Duffy's denial of his motion for temporary restraining order and preliminary injunction. Doc. 124. He argues that this is a dispositive matter and should not be decided by a Magistrate Judge. Id. In the order denying Koch's motion for temporary restraining order and preliminary injunction, Magistrate Judge Duffy explained that Koch's motion was dismissed because the complaint had not then been served on defendants, and the court did not have jurisdiction over the defendants. Doc. 121. This Court agrees with this analysis and conclusion and finds that nothing in Magistrate Judge Duffy's order denying Koch's motion is clearly erroneous or contrary to law. Therefore, Koch's objections are overruled and dismissed.

C. Motion to Appoint Counsel

Koch again moves the Court to appoint him counsel. Doc. 134. He argues that he wishes to add claims, including ADA claims, to the complaint but does not know how. Id. He also wants to bring a separate lawsuit without the other plaintiffs. Koch may file a new lawsuit on his own at any time. His motion to appoint counsel, however, is denied for the reasons outlined above and stated in Magistrate Judge Duffy's orders denying similar motions.

II. ORDER

Accordingly, it is ORDERED