Roberts v. Trotta et al
MEMORANDUM AND ORDER that: Plaintiff's Request for Production ofDocuments (Filing No. 12) and 13 Motion to Appoint Counsel are denied without prejudice to reassertion. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TROTTA, et al.,
This matter is before the court on Plaintiff’s Request for Production of
Documents (Filing No. 12) and Motion to Appoint Counsel (Filing No. 13). On
October 2, 2013, the court granted Plaintiff’s Motion for Leave to Proceed in Forma
Pauperis. (Filing No. 9.) 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. No discovery may take place in this case unless the
court determines that this matter may proceed to service of process.
As to Plaintiff’s request for the appointment of counsel, 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 at this time. Thus, the request for the appointment of counsel
is denied without prejudice to reassertion.
IT IS THEREFORE ORDERED that: Plaintiff’s Request for Production of
Documents (Filing No. 12) and Motion to Appoint Counsel (Filing No. 13) are denied
without prejudice to reassertion.
DATED this 18th day of October, 2013.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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