Opinion

Brown v. Briescher

Court
District Court, E.D. Missouri
Filed
Aug 15, 2023
Cited by
0 cases
Authority
More cited than 24.2%

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MISSOURI

EASTERN DIVISION

ANGELA M. BROWN, )

)

Plaintiff, )

)

v. ) No. 4:23-CV-00520 RLW

)

MISSOURI DEPARTMENT OF )

CORRECTIONS, )

)

Defendant. )

MEMORANDUM AND ORDER

This employment discrimination matter is before the Court on self-represented plaintiff

Angela M. Brown’s motion to appoint counsel. For the following reasons, the motion will be

denied without prejudice.

In civil cases, a self-represented litigant does not have a constitutional or statutory right to

appointed counsel. Ward v. Smith, 721 F.3d 940, 942 (8th Cir. 2013); see also Stevens v. Redwing,

146 F.3d 538, 546 (8th Cir. 1998). Rather, a district court may appoint counsel in a civil case if

the court is “convinced that an indigent plaintiff has stated a non-frivolous claim…and where the

nature of the litigation is such that plaintiff as well as the court will benefit from the assistance of

counsel.” Patterson v. Kelley, 902 F.3d 845, 850 (8th Cir. 2018). When determining whether to

appoint counsel for an indigent litigant, a court considers relevant factors such as the complexity

of the case, the ability of the pro se litigant to investigate the facts, the existence of conflicting

testimony, and the ability of the pro se litigant to present his or her claim. Phillips v. Jasper Cty

Jail, 437 F.3d 791, 794 (8th Cir. 2006).

After reviewing these factors, the Court finds that the appointment of counsel is not

warranted. Plaintiff has demonstrated, at this point, that she can adequately present her claims to

the Court. Additionally, neither the factual nor the legal issues in this case appear to be complex.

The Court will entertain future motions for appointment of counsel as the case progresses.

Accordingly,

IT IS HEREBY ORDERED that plaintiffs motion for appointment of counsel is

DENIED without prejudice. [ECF No. 3]

RONNIE L. WHITE

UNITED STATES DISTRICT JUDGE

Dated this 15th day of August, 2023.

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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