Wilson v. Sabatka-Rine et al

Filing 33

MEMORANDUM AND ORDER denying 21 the Plaintiff's Motion to Appoint Counsel. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HAROLD B. WILSON,

)
)
Plaintiff,
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v.
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DIANE SABATKA-RINE, MELVIN )
ROUF, et al.,
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)
Defendants.
)

4:11CV3215

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s Motion for Appointment of
Counsel. (Filing No. 21.) 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 for Appointment of
Counsel (filing no. 21) is denied.
DATED this 17th day of July, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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