Opinion
No. 06-2725.
Submitted: April 25, 2007.
Filed: May 3, 2007.
Appeal from the United States District Court for the District of Minnesota.
Hollis Larson, Stillwater, MN, pro se.
Mark Bernard Levinger, Attorney General's Office, St. Paul, MN, for Appellees.
Before WOLLMAN, MURPHY, and BYE, Circuit Judges.
[UNPUBLISHED]
Minnesota inmate Hollis Larson appeals the district court's order affirming a magistrate judge's order denying appointment of counsel in this 42 U.S.C. § 1983 action. We find no abuse of discretion in the court's decision to affirm the denial of appointed counsel, because the magistrate judge's order reflects consideration of the appropriate factors. See Phillips v. Jasper County Jail, 437 F.3d 791, 794 (8th Cir. 2006) (standard of review; there is no constitutional or statutory right to counsel in civil cases). We thus affirm the denial of counsel, but because some of the relevant factors may need to be reconsidered as Larson's case progresses, we amend the order to be without prejudice. See Nelson v. Shuffman, 476 F.3d 635, 636 (8th Cir. 2007) (per curiam).
The Honorable Paul A. Magnuson, United States District Judge for the District of Minnesota, adopting in part the report and recommendations of the Honorable Arthur J. Boylan, United States Magistrate Judge for the District of Minnesota.