Weaver v. Boyles ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION EDWARD WEAVER, ) ) Plaintiff, ) ) No. 1:19-CV-127-RWS v. ) ) ALANA BOYLES, et al., ) ) Defendants. ) MEMORANDUM AND ORDER This matter is before the Court upon self-represented plaintiff’s motion for appointment of counsel. The motion will be denied without prejudice. The appointment of counsel for an indigent plaintiff in a civil matter lies within the discretion of the Court. Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir. 2006). The standard for appointment of counsel in a civil case is whether both the plaintiff and the Court would benefit from the assistance of counsel. Edgington v. Missouri Dept. of Corrections, 52 F.3d 777, 780 (8th Cir. 1995) (abrogated on other grounds); Doe v. Cassel, 403 F.3d 986, 989 (8th Cir. 2005)). This determination involves the consideration of several relevant criteria, which include “the factual complexity of the issues, the ability of the indigent person to investigate the facts, the existence of conflicting testimony, the ability of the indigent person to present the claims, and the complexity of the legal arguments.” Phillips, 437 F.3d at 794 (citing Edgington, 52 F.3d at 780). In this matter, the Court finds that appointment of counsel is not mandated at this time. The action appears to involve straightforward questions of fact rather than complex questions of law, and plaintiff appears able to clearly present and investigate his claim. He has filed an articulate and readily understood pleading which indicates he is capable of clear expression and appropriate organization of content. The Court concludes that the appointment of counsel would not be of sufficient benefit to the Court or to plaintiff at this time, and will deny plaintiff’s motion for appointment of counsel, without prejudice to refiling at a later date. Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for the appointment of counsel [12] is DENIED without prejudice. Ww RODNEY W. SIPPEL UNITED STATES DISTRICT JUDGE Dated this 9th day of April, 2020.