Brown v. Nebr. Dept. of Correctional Svs.. et al
MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that: Plaintiff's Motion to Appoint Counsel (Filing No. 8 ) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(TCL )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PAUL RODREGUIEZ, Case
Manager et al.,
Plaintiff Cornelius Brown has filed a motion seeking the appointment of
counsel. (Filing No. 8.) 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. 8) is denied without prejudice.
DATED this 24th day of June, 2014.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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