Brownlee v. Perry Cnty. Sheriff's Dep't

Full title: DARNELL BROWNLEE, Plaintiff, v. PERRY COUNTY SHERIFF'S DEPARTMENT…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION

Date published: Jun 2, 2015

No. 1:15CV87 SNLJ (E.D. Mo. Jun. 2, 2015)

Opinion

No. 1:15CV87 SNLJ

06-02-2015

DARNELL BROWNLEE, Plaintiff, v. PERRY COUNTY SHERIFF'S DEPARTMENT, Defendant.

STEPHEN N. LIMBAUGH, JR. UNITED STATES DISTRICT JUDGE

MEMORANDUM AND ORDER

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 (8^th 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 (8^th 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.

Accordingly,

IT IS HEREBY ORDERED that plaintiff's motion for appointment of counsel is DENIED without prejudice.

Dated this 2^nd day of June, 2015.

/s/_________

STEPHEN N. LIMBAUGH, JR.

UNITED STATES DISTRICT JUDGE