Frank v. Madison County Sherriffs Department et al

Filing 24

ORDER that the motion for the Appointment of Counsel 23 is denied without prejudice to reassertion after the defendants file a response to the plaintiff's Amended Complaint. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

JESSE ALAN FRANK,
Plaintiff,

4:14CV3184

vs.
ORDER
CAPTAIN TERRY KOTROUS, in
individual and official capacity, and
SERGEANT BILL KUCERA, in
individual and official capacity,
Defendants.
This matter is before the court on the plaintiff’s Motion for the Appointment of
Counsel (Filing No. 23). On March 11, 2015, the court reviewed the plaintiff’s Amended
Complaint (Filing No. 13) finding the matter may proceed to service against these
defendants. See Filing No. 20. The Clerk of Court has now issued summonses and
forwarded them to the Unites States Marshal for service. See Filing Nos. 20, 22. There
is no evidence the defendants have yet been served and an ample period remains for
timely service. After service, the defendant will have an opportunity to respond to the
plaintiff’s Amended Complaint. As stated earlier, the court cannot routinely appoint
counsel and will wait to determine the benefit of appointing counsel until the matter is
further developed. Accordingly,

IT IS ORDERED:
The plaintiff’s Motion for the Appointment of Counsel (Filing No. 23) is denied
without prejudice to reassertion after the defendants file a response to the plaintiff’s
Amended Complaint.

Dated this 16th day of April, 2015.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge