Hudson v. Kelley ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CHRISTOPHER LEE HUDSON, ) Plaintiff, v. Case No. 4:18CV1989 RLW DIONNE KELLEY, Defendant. ) MEMORANDUM AND ORDER This matter is before the Court on Defendant Dionne Kelley’s Motion to Dismiss for Plaintiff's Failure to Notify Court of Change of Address (ECF No. 16) and Plaintiff Christopher Lee Hudson’s letter, which the Court construes as a Motion for Appointment of Counsel (ECF No. 18) and a Notice of Address Change. There is no constitutional or statutory right to appointed counsel in a civil case. Nelson v. Redfield Lithograph Printing, 728 F.2d 1003, 1004 (8th Cir. 1984). In determining whether to appoint counsel, courts consider factors that include whether the plaintiff has presented non- frivolous allegations supporting his prayer for relief, whether the plaintiff will substantially benefit from the appointment of counsel, whether there is a need to further investigate and present the facts related to the plaintiffs allegations, and whether the factual and legal issues presented by the action are complex. See Battle v. Armontrout, 902 F.2d 701, 702 (8th Cir. 1990); Johnson vy. Williams, 788 F.2d 1319, 1322-23 (8th Cir. 1986); Nelson, 728 F.2d at 1005. After considering Plaintiff's Motion for Appointment of Counsel, in view of the relevant factors, the Court finds that the facts and legal issues presented in the instant case are not so complex as to warrant the appointment of counsel at this time. In addition, the pleadings filed by Christopher Lee Hudson, indicate that he is capable of presenting the facts and legal issues without the assistance of counsel. Plaintiff's Motion for Appointment of Counsel will therefore be denied. Accordingly, IT IS HEREBY ORDERED that Plaintiffs Motion for Appointment of Counsel (ECF No. 18) is DENIED, without prejudice. IT IS HEREBY ORDERED that Defendant Dionne Kelley’s Motion to Dismiss for Plaintiffs Failure to Notify Court of Change of Address (ECF No. 16) is DENIED. Dated this 23rd day of October, 2019. RONNIE L. WHITE UNITED STATES DISTRICT JUDGE ``