Taylor v. Holtmeyer et al
Filing
26
MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 23 ) is denied without prejudice to reassertion. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(GJG)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DE-VAUNTE J. TAYLOR,
Plaintiff,
v.
JAMES E. HOLTMEYER,
Defendant.
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4:14CV3127
MEMORANDUM
AND ORDER
Plaintiff De-Vaunte Taylor has filed a Motion (Filing No. 23) 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. 23) is denied without prejudice to reassertion.
DATED this 7th day of January, 2015.
BY THE COURT:
s/ John M. Gerrard
United States District Judge
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