Summary
This Memorandum and Order from the U.S. District Court for the Eastern District of Missouri addresses a pro se plaintiff’s applications to proceed without prepaying fees and to have counsel appointed. The court denies the application to proceed in forma pauperis as moot after the plaintiff paid the filing fee. The motion for appointed counsel is denied without prejudice, as the court finds the plaintiff capable of presenting his claims and the legal issues are not complex, though future requests may be considered.
Topics
Practice areas
Questions Presented
- Whether a district court may appoint counsel for an indigent plaintiff in a civil case absent a statutory right.
- Whether a plaintiff may proceed in district court without prepaying filing fees after the fee has been paid.
Holdings
- A litigant has neither a constitutional nor a statutory right to appointed counsel in civil cases; appointment is discretionary and was denied here.
- The application to proceed without prepaying fees is moot once the filing fee has been paid; the court denied the application.
Key quotations
“A litigant has “neither a constitutional nor a statutory right to appointed counsel in civil cases.”” (at 1)
“A district court may appoint counsel in a civil case if it 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.’”” (at 1)
Factual background
Self‑represented plaintiff Aykut Pilak sought to proceed in district court without prepaying filing fees and requested the court appoint counsel. He later paid the filing fee, rendering the fee‑waiver request moot.
Procedural history
Plaintiff filed an application to proceed without prepaying fees and a motion to appoint counsel. After plaintiff paid the filing fee, the court found the fee waiver application moot and denied the motion for counsel.