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Clark v. United States, 4:19CV2305 HEA. (2019)

Court: District Court, E.D. Missouri Number: infdco20190812691 Visitors: 3
Filed: Aug. 08, 2019
Latest Update: Aug. 08, 2019
Summary: OPINION, MEMORANDUM AND ORDER HENRY EDWARD AUTREY , District Judge . Movant moves for appointment of counsel. After considering the motion and the pleadings, the motion will be denied without prejudice at this time. 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 movant
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OPINION, MEMORANDUM AND ORDER

Movant moves for appointment of counsel. After considering the motion and the pleadings, the motion will be denied without prejudice at this time.

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 movant has presented non-frivolous allegations supporting his or her prayer for relief; (2) whether the movant will substantially benefit from the appointment of counsel; (3) whether there is a need to further investigate and present the facts related to the movant'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.

Movant has presented non-frivolous allegations in his complaint. However, he has demonstrated, at this point, that he can adequately present his claims to the Court. Additionally, neither the factual nor the legal issues in this case are complex. Thus, the Court will deny movant's motion for counsel at this time.

Accordingly,

IT IS HEREBY ORDERED that movant's motion for appointment of counsel [Doc. #2] is DENIED without prejudice.

Source:  Leagle

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