Roberts v. Trotta et al

Filing 31

MEMORANDUM AND ORDER denying 28 Motion to Appoint Counsel. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
NICK ROBERTS,
Plaintiff,
v.
TROTTA, et al.,
Defendants.

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4:13CV3154

MEMORANDUM
AND ORDER

Plaintiff Nick Roberts has filed a motion seeking the appointment of counsel.
(Filing No. 28.) 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.
IT IS THEREFORE ORDERED that: Plaintiff’s Motion to Appoint Counsel
(Filing No. 28) is denied without prejudice.
DATED this 18th day of April, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
United States District Judge
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