Eagle Boy v. Britten
Filing
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ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 4 ) is denied. Plaintiff's Motion for Status (Filing No. 9 ) is granted to the extent it is consistent with this Memorandum and Order. Plaintiff's Motion to Appear Telephonically (Filing No. 5 ) is denied. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(AOA)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHARLES R. EAGLE BOY,
Plaintiff,
v.
FRED BRITTEN,
Defendant.
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4:13CV3010
MEMORANDUM
AND ORDER
This matter is before the court on Plaintiff’s Motion to Appoint Counsel,
Motion to Appear Telephonically, and Motion for Status. (Filing Nos. 4, 5, and 9.)
A.
Motion to Appoint Counsel
Plaintiff seeks the appointment of counsel. 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 denied without
prejudice to reassertion.
B.
Motion for Status
In Plaintiff’s Motion for Status, Plaintiff seeks information on the status of his
Motion for Leave to Proceed in Forma Pauperis and the payment of his initial partial
filing fee. (Filing No. 9.) On February 20, 2013, the court granted Plaintiff’s Motion
for Leave to Proceed in Forma Pauperis, and ordered Plaintiff to pay an initial partial
filing fee in the amount of $53.99. (Filing No. 8.) The court received payment of
Plaintiff’s initial partial filing fee on March 21, 2013. (Docket Sheet.) The next step
in Plaintiff’s case is for the court to conduct an initial review of Plaintiff’s claims to
determine whether summary dismissal is appropriate under 28 U.S.C. § 1915(e)(2).
The court will conduct this initial review in its normal course of business.
C.
Motion to Appear Telephonically
As best as the court can tell, Plaintiff’s Motion to Appear Telephonically is a
request for a telephonic hearing. (Filing No. 5.) No telephonic hearing is required at
this time, and his Motion will be denied.
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Motion to Appoint Counsel (Filing No. 4) is denied.
2.
Plaintiff’s Motion for Status (Filing No. 9) is granted to the extent it is
consistent with this Memorandum and Order.
3.
Plaintiff’s Motion to Appear Telephonically (Filing No. 5) is denied.
DATED this 28th day of March, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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