Meijers v. People's Health Center

Filing 13

MEMORANDUM AND ORDER denying 12 Motion to Appoint Counsel. On or before June 13, 2013, Plaintiff Meijers shall either: (a) obtain the services of counsel and have that attorney file an appearance in this case; or (b) file a statement notifying the court of his intent to litigate this case without the assistance of counsel. The failure to do so may result in a dismissal of Plaintiff's claims without further notice. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JEFF MEIJERS,
Plaintiff,

4:13CV3064

vs.
MEMORANDUM AND ORDER
PEOPLE'S HEALTH CENTER, DDS
REDDY,
Defendants.
Plaintiff has filed a motion for court-appointed counsel. (Filing No. 12). A civil litigant
has no constitutional or statutory right to a court-appointed attorney. The court may, however,
make such an appointment at its discretion. Davis v. Scott, 94 F.3d 444, 447 (8th Cir. 1996). A
trial court has broad discretion to decide whether both a pro se party and the court will benefit
from the appointment of counsel, taking into account the factual and legal complexity of the
case, the presence or absence of conflicting testimony, and the pro se party’s ability to
investigate the facts and present or defend the claims. Id.
Considering all these factors, the court finds appointment of counsel is not warranted in
this case at this time. Having reviewed the complaint, the court finds the plaintiff is able to
adequately litigate his claims and defenses. Id. See also, 28 U.S.C § 1915(a).
Accordingly,
IT IS ORDERED:
1)

Plaintiff's motion for appointed counsel, (filing no. 12), is denied.

2)

On or before June 13, 2013, Plaintiff Meijers shall either: (a) obtain the services
of counsel and have that attorney file an appearance in this case; or (b) file a
statement notifying the court of his intent to litigate this case without the
assistance of counsel. The failure to do so may result in a dismissal of Plaintiff's
claims without further notice.

May 31, 2013.
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge