Walker v. Missouri Department of Corrections et al
| Angela Walker |
| Missouri Department of Corrections, Missouri Vocational Enterprises and Missouri Office of Administration |
| 2:2020cv04251 |
| December 22, 2020 |
| US District Court for the Western District of Missouri |
| Nanette K Laughrey |
| Civil Rights: Jobs |
| 42 U.S.C. ยง 2000 |
| Plaintiff |
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Filing 3
ORDER entered by Judge Nanette K. Laughrey. Walker's application for leave to file in forma pauperis, Doc. #1 , is granted in part. Walker's reported monthly income is approximately $2000 and her itemized monthly expenses total approximately $1400, including $70 for cable and $100 for groceries. Walker can pay some of the costs of this lawsuit without being deprived of the basic necessities of life. Accordingly, Walker will be allowed to proceed by paying a reduced filing fee of $100.00, but no other fee, cost, or security shall be assessed. Walker shall pay this fee within sixty days of the date of this Order. It is further ORDERED that once Walker has paid this fee the Clerk of the Court shall deliver the summons and Complaint to the United States Marshal for service of process. The United States Marshal shall attempt service of process by certified mail, return receipt requested, upon Defendants at the addresses supplied by Walker in the Complaint. It is further ORDERED that, if Walker does not pay the $100.00 filing fee within sixty days, her Complaint will be dismissed without prejudice. Additionally, Walker appears pro se and seeks appointment of counsel. Doc. #2 . The Eighth Circuit requires that the following factors be considered on motions to appoint counsel: (1) whether the claim is frivolous or malicious; (2) whether the pleadings state a prima facie case; (3) the plaintiff's inability to obtain counsel; and (4) the plaintiff's need for an attorney. Rayes v. Johnson, 969 F.2d 700, 703 (8th Cir. 1992). In examining the plaintiff's need for an attorney, the Court evaluates (1) whether the plaintiff and/or the Court would benefit from the appointment, (2) the plaintiff's ability to investigate the relevant facts and to present his or her claim, (3) the existence of conflicting testimony, and (4) the complexity of the facts and the legal issues presented. Id. After consideration of these factors, the Court finds that appointment of counsel is not warranted at this time. Walker's only argument in support of her motion is that she is without means to employ counsel. Walker has made no argument, let alone any showing, that her case is complex, that she is incapable of pursuing her claims pro se, or that her need for counsel is greater than that of any other pro se plaintiff. The Court therefore denies Walker's request for an attorney at this time. Signed on January 8, 2021 by District Judge Nanette K. Laughrey. This is a TEXT ONLY ENTRY. No document is attached. (Opalach, Tessa) Modified on 1/11/2021 to reflect copy of NEF forwarded to Angela Walker, 815 Madison Street, Jefferson City, MO 65101(Warren, Melissa).
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| Filing 2 MOTION to appoint counsel filed by Angela Walker. Suggestions in opposition/response due by 1/5/2021 unless otherwise directed by the court. Copy of the NEF forwarded to Angela Walker, 815 Madison Street, Jefferson City, MO 65101. (Warren, Melissa) |
| Filing 1 MOTION for leave to proceed in forma pauperis filed by Angela Walker. Suggestions in opposition/response due by 1/5/2021 unless otherwise directed by the court. (Attachments: #1 Affidavit, #2 Complaint, #3 Civil Cover Sheet) Copy of the NEF forwarded to Angela Walker, 815 Madison Street, Jefferson City, MO 65101 (Warren, Melissa). (Attachment 1 replaced on 12/22/2020) (Warren, Melissa). (Additional attachment(s) added on 12/22/2020: #4 Exhibit Financial documents - case participants view only due to account information) (Warren, Melissa). |
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