Temple v. United States ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JACOBI TEMPLE, ) ) Petitioner, ) ) v. ) No. 4:19-CV-01758 JAR ) UNITES STATES OF AMERICA, ) ) Respondent. ) MEMORANDUM AND ORDER This matter is before the Court on Petitioner’s motion for appointment of counsel. (Doc. No. 16). Petitioner states that he needs legal help with his filings. 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 nonfrivolous 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 the facts and legal issues involved in this action are not so complicated that the appointment of counsel is warranted at this time. Moreover, Petitioner has demonstrated that he can adequately present his claims to the 1 Court. Should future proceedings demonstrate the need for counsel, the matter may be reconsidered, either sua sponte or upon a properly filed motion. Accordingly, IT IS HEREBY ORDERED that Plaintiff’s Motion for Appointment of Counsel [16] is DENIED without prejudice. Dated this 6th day of January, 2020. JOVIN A. ROSS ITED STATES DISTRICT JUDGE