Payne v. Britten et al

Filing 23

MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel 22 is denied. Ordered by Chief Judge Joseph F. Bataillon. (Copy mailed/e-mailed to pro se party)(KBJ)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHRISTOPHER M. PAYNE,
Plaintiff,
v.
FRED BRITTEN, et al.,
Defendants.

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4:11CV3017

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion to Appoint Counsel.
(Filing No. 22.) In Davis v. Scott, 94 F.3d 444, 447 (8th Cir. 1996), the Eighth
Circuit Court of Appeals explained that “[i]ndigent civil litigants do not have a
constitutional or statutory right to appointed counsel. . . . The trial court has broad
discretion to decide whether both the plaintiff and the court will benefit from the
appointment of counsel . . . .” Id. (quotation and citation omitted). No such benefit
is apparent here. The request for the appointment of counsel is therefore denied
without prejudice.
IT IS THEREFORE ORDERED that Plaintiff’s Motion to Appoint Counsel
(filing no. 22) is denied.
DATED this 19th day of July, 2011.
BY THE COURT:
s/ Joseph F. Bataillon
Chief United States District Judge
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