Burgdorf v. Missouri Department of Corrections et al, No. 4:2015cv00284 - Document 14 (E.D. Mo. 2015)

Court Description: OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff=s motion for appointment of counsel [Doc. #13] is DENIED, without prejudice. 13 Signed by District Judge Henry Edward Autrey on 4/21/15. (CLA)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION EDWARD DALE BURGDORF, Plaintiff, v. TERI LAWSON, Defendant. ) ) ) ) ) ) ) ) ) No. 4:15CV284 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on plaintiff=s motion for appointment of counsel [Doc. #13]. Plaintiff asserts that he cannot afford counsel, his knowledge of the law is limited, and that his imprisonment will “greatly limit his ability to litigate.” Plaintiff further asserts that the issues are complex and will require “significant research and investigation.” Without counsel, plaintiff believes he will be disadvantaged. For the following reasons, the motion will be denied without prejudice. AA pro se litigant has no statutory or constitutional right to have counsel appointed in a civil case.@ Stevens v. Redwing, 146 F.3d 538, 546 (8th Cir. 1998). When determining whether to appoint counsel for an indigent litigant, the Court considers relevant factors, such as the complexity of the case, the ability of the pro se litigant to investigate the facts, the existence of conflicting testimony, and the ability of the pro se litigant to present his or her claim. Id. After reviewing these factors, the Court finds that the appointment of counsel is not warranted at this time. This case is neither factually nor legally complex, and it is evident that plaintiff is able to present his claims against Terry Lawson, the sole named defendant. Consequently, the motion will be denied at this time, without prejudice. Accordingly, IT IS HEREBY ORDERED that plaintiff=s motion for appointment of counsel [Doc. #13] is DENIED, without prejudice. Dated this 21st day of April, 2015 ___________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 2