Brown v. Nebr. Dept. of Correctional Svs.. et al
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 25 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PAUL RODREGUIEZ, Case Manager )
Plaintiff has filed a Motion (Filing No. 25) seeking 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. (internal citation and quotation marks omitted).
No such benefit is apparent here at this time. Thus, the request for the appointment of
counsel will be denied without prejudice to reassertion.
IT IS THEREFORE ORDERED that: Plaintiff’s Motion to Appoint Counsel
(Filing No. 25) is denied without prejudice to reassertion.
DATED this 20th day of March, 2015.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge
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