Kevin Chambers v. St. Louis County, MO, et al, No. 08-2358 (8th Cir. 2008)
Annotate this CaseCourt Description: Civil case. District court's order denying appointment of counsel should be clarified to show that the denial is without prejudice to renewal if circumstances in the case show counsel should be appointed.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-2358 ___________ Kevin L. Chambers, * * Appellant, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Michael Pennycook, Agent, St. Louis * County Drug Task Force; Unknown * [UNPUBLISHED] 1 * Kelling, Officer; Andria Van Mierlo, * Appellees. * ___________ Submitted: October 2, 2008 Filed: October 27, 2008 ___________ Before MELLOY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. Kevin Chambers appeals the district court s2 February 2008 interlocutory order denying him appointed counsel. Upon review for an abuse of discretion, see Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir. 2006) (standard of review), we 1 St. Louis County, Missouri, and St. Louis County Drug Task Force were dismissed from the case and are no longer parties. 2 The Honorable Stephen N. Limbaugh, Sr., United States District Judge for the Eastern District of Missouri, now retired. clarify that the district court s denial of appointed counsel is without prejudice, see Williams v. Carter, 10 F.3d 563, 567 (8th Cir. 1993) (after denying motion for appointment of counsel, court should continue to be alert to the possibility that, because of procedural complexities or other reasons, later developments in the case may show either that counsel should be appointed, or that strict procedural requirements should, in fairness, be relaxed to some degree ), and we affirm the order as clarified. In addition, Chambers s motion for remand is denied as moot. ______________________________ -2-
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