Flores v. Tyson Foods, Inc.
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion to Appoint Counsel (Filing No. 3 ) is denied without prejudice. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JUANA S. FLORES,
TYSON FOODS, INC.,
Plaintiff Juana S. Flores has filed a motion seeking the appointment of counsel.
(Filing No. 3.) However, the court cannot routinely appoint counsel in civil cases.
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. Thus,
the request for the appointment of counsel is therefore denied without prejudice to
reassertion. IT IS THEREFORE ORDERED that: Plaintiff’s Motion to Appoint
Counsel (Filing No. 3) is denied without prejudice.
DATED this 17th day of May, 2012.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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