United States District Court, E.D. Missouri, Northern Division
May 11, 2015
MAJOR CALHOUN, Plaintiff,
CORIZON CORRECTIONAL HEALTH CARE, et al., Defendants.
MEMORANDUM AND ORDER
CATHERINE D. PERRY, District Judge.
This matter is before the Court on plaintiff's motion for appointment of counsel. The motion will be denied.
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.
After considering these factors, the Court finds that the facts and legal issues involved are not so complicated that the appointment of counsel is warranted at this time. Plaintiff alleges a straightforward case of deliberate indifference to his serious medical needs regarding a wrist injury. And so far, plaintiff has shown that he can prosecute this action.
IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel [ECF No. 54] is DENIED without prejudice.
IT IS FURTHER ORDERED that plaintiff's motion for extension of time [ECF No. 60] is DENIED as moot.