United States of America v. $25,180.00 in United States Currency

Filing 61

ORDER - The claimant's motions for appointment of counsel (filing 58 ) and to proceed in forma pauperis (filing 60 ) are granted. Pursuant to NEGenR 1.7(g), 28 U.S.C. § 1915(e)(1), and the inherent authority of the Court, the followi ng counsel is appointed to represent the claimant: Jonathan J. Papik, Cline Williams Wright Johnson & Oldfather, L.L.P., One Pacific Place, 1125 S. 103rd Street, Omaha, NE 68124, [phone], [e-mail]. Counsel shall promptly enter an appearance accepting the Court's appointment. Expenses and attorney fees shall be paid from the Federal Practice Fund under the restrictions set out in NEGenR 1.7(g) and this district's Amended Federal Practice Fund Plan and the F ederal Practice Committee Plan (as adopted March 11, 2014). Counsel is particularly directed to Section II(A)(1)(a), Section VI(A)(1), and Attachment A of the Amended Federal Practice Fund Plan, which explain what fees and expenses are authorized and how to seek reimbursement. Any objection to the Magistrate Judge's Findings, Recommendation, and Order of June 9, 2014 (filing 56 ) shall be filed on or before August 22, 2014. On or before August 6, 2014, counsel for the parties shall cont act the Magistrate Judge's chambers to set a status conference to discuss case progression. The Clerk of the Court is directed to provide a copy of this order to the claimant by e-mail and by United States Mail using the following contact information: John Anderson, P.O. Box 3205, San Clemente, California 92674, [phone], [e-mail]. Ordered by Judge John M. Gerrard. (Copies mailed as directed)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
UNITED STATES OF AMERICA,
Plaintiff,

4:13-CV-3103

vs.
ORDER
$25,180.00 IN UNITED STATES
CURRENCY,
Defendant.
This matter is before the Court on claimant John Anderson's motion for
appointment of counsel (filing 58) and supporting motion to proceed in forma
pauperis (filing 60). Pursuant to 28 U.S.C. § 1915(e)(1), the Court "may
request an attorney to represent any person unable to afford counsel." The
Court must consider the factual and legal complexity of the underlying
issues, the existence of conflicting testimony, and the ability of the indigent
plaintiff to investigate the facts and present his claims. Ward v. Smith, 721
F.3d 940, 942 (8th Cir. 2013); Phillips v. Jasper Cnty. Jail, 437 F.3d 791, 794
(8th Cir. 2006). The Court finds that the criteria for appointment of counsel
are satisfied in this case.
IT IS ORDERED:
1.

The claimant's motions for appointment of counsel (filing
58) and to proceed in forma pauperis (filing 60) are granted.

2.

Pursuant to NEGenR 1.7(g), 28 U.S.C. § 1915(e)(1), and the
inherent authority of the Court, the following counsel is
appointed to represent the claimant:
Jonathan J. Papik
Cline Williams Wright Johnson & Oldfather, L.L.P.
One Pacific Place
1125 S. 103rd Street
Omaha, NE 68124
[phone]
[e-mail]

3.

Counsel shall promptly enter an appearance accepting the
Court's appointment.

4.

Expenses and attorney fees shall be paid from the Federal
Practice Fund under the restrictions set out in NEGenR
1.7(g) and this district's Amended Federal Practice Fund
Plan and the Federal Practice Committee Plan (as adopted
March 11, 2014). Counsel is particularly directed to Section
II(A)(1)(a), Section VI(A)(1), and Attachment A of the
Amended Federal Practice Fund Plan, which explain what
fees and expenses are authorized and how to seek
reimbursement.

5.

Any objection to the Magistrate Judge's Findings,
Recommendation, and Order of June 9, 2014 (filing 56)
shall be filed on or before August 22, 2014.

6.

On or before August 6, 2014, counsel for the parties shall
contact the Magistrate Judge's chambers to set a status
conference to discuss case progression.

7.

The Clerk of the Court is directed to provide a copy of this
order to the claimant by e-mail and by United States Mail
using the following contact information:
John Anderson
P.O. Box 3205
San Clemente, California 92674
[phone]
[e-mail]

Dated this 24th day of July, 2014.
BY THE COURT:

John M. Gerrard
United States District Judge

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