Adkins v. Mahoney and Ballard, D.M.D., Inc.

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION

CHARECE M. ADKINS, ) ) Plaintiff, ) ) vs. ) Case No. 4:20CV1515 JCH ) MAHONEY AND BALLARD, D.M.D., INC., ) et al., ) ) Defendants. )

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiff’s Motion for Appointment of Counsel, filed October 8, 2021. (ECF No. 46). 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 her 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 plaintiff’s 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 v. 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 Charece M. Adkins indicate that she 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 Plaintiff’s Motion for Appointment of Counsel (ECF No. 46) is DENIED without prejudice.

Dated this 12th Day of October, 2021.

/s/ Jean C. Hamilton UNITED STATES DISTRICT JUDGE