(I')SLA BALLARD v. CITY OF ST. LOUIS, 4:11-CV-1553 RWS. (2012)
Court: District Court, E.D. Missouri
Number: infdco20120227693
Visitors: 3
Filed: Feb. 24, 2012
Latest Update: Feb. 24, 2012
Summary: MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. This matter is before me on Plaintiff (I')sla Ballard's Motion to Appoint Counsel [#4]. There is no constitutional or statutory right to appointed counsel in a civil case. 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) factual complexity of the issues presented; (2) the ability of the indigent person to investigat
Summary: MEMORANDUM AND ORDER RODNEY W. SIPPEL, District Judge. This matter is before me on Plaintiff (I')sla Ballard's Motion to Appoint Counsel [#4]. There is no constitutional or statutory right to appointed counsel in a civil case. 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) factual complexity of the issues presented; (2) the ability of the indigent person to investigate..
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MEMORANDUM AND ORDER
RODNEY W. SIPPEL, District Judge.
This matter is before me on Plaintiff (I')sla Ballard's Motion to Appoint Counsel [#4]. There is no constitutional or statutory right to appointed counsel in a civil case. 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) factual complexity of the issues presented; (2) the ability of the indigent person to investigate the facts; (3) the existence of conflicting testimony; (4) the ability of the indigent person to present claims; and (5) the complexity of the legal arguments. Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir. 2006); see also Goods v. Crown Center Complex, 177 Fed.Appx. 507 (8th Cir. 2006) (adopting factors for appointment of counsel set out in Phillips v. Jasper County Jail, 437 F.3d 791 for Title VII employment discrimination suit).
After considering these factors, the Court believes that the facts and legal issues involved in Ballard's case are not so complicated that the appointment of counsel is warranted at this time. Ballard's Complaint indicates he is capable of presenting the facts and legal issues without the assistance of counsel. Therefore, the Court will deny Ballard's motion without prejudice [#4].
Accordingly,
IT IS HEREBY ORDERED that Plaintiff (I')sla Ballard's Motion to Appoint Counsel [#4] is DENIED without prejudice.
Source: Leagle
