Stewart v. Cabrera et al, No. 2:2017cv00009 - Document 31 (E.D. Mo. 2017)

Court Description: OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel [Doc.No. 30] is DENIED without prejudice. 30 Signed by District Judge Henry Edward Autrey on 8/24/17. (CLA)
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Stewart v. Cabrera et al Doc. 31 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION WAYNE STEWART, Plaintiff, v. THOMAS CABREA, M. D., et al., Defendants. ) ) ) ) ) ) ) ) ) No. 2:17CV09 HEA OPINION, MEMORANDUM AND ORDER Plaintiff moves for appointment of counsel. After considering the motion and the pleadings, the motion is denied without prejudice to refiling at a later 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 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. Plaintiff 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. The Court will entertain future motions for appointment of counsel as the case progresses. Accordingly, Dockets.Justia.com IT IS HEREBY ORDERED that plaintiff’s motion for appointment of counsel [Doc. No. 30] is DENIED without prejudice. Dated this 24th day of August, 2017. HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE -2-