Lilly v. Norman et al, No. 1:2011cv00088 - Document 28 (E.D. Mo. 2011)

Court Description: OPINION MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel is DENIED. Signed by Honorable Henry E. Autrey on 9/2/2011. (JMC)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JAROD LILLY, Plaintiff, v. JEFF NORMAN, et al., Defendants. ) ) ) ) ) ) ) ) ) No. 1:11CV88 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on plaintiff s motion for appointment of counsel. The motion will be denied. 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. After considering these factors, the Court finds that the facts and legal issues involved are not so complicated that the appointment of counsel is warranted at this time. Accordingly, IT IS HEREBY ORDERED that plaintiff s motion for appointment of counsel is DENIED. Dated this 2nd Day of September, 2011. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE -2-