Schram v. Department of Health and Human Services et al

Filing 7

MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 6 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(JAB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRIAN SCHRAM,
Plaintiff,
V.
DEPARTMENT OF HEALTH AND
HUMAN SERVICES, LISA
LAURELL, Social Worker,
SHANNON BLACK, Program
Director, CINDY DYKEMAN,
Program Manager, and MARILYN
BAILEY, Administration Assistance,
Defendants.

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4:16CV3071

MEMORANDUM
AND ORDER

Plaintiff has filed a Motion (Filing No. 6) 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.” Trial courts have “broad discretion to decide whether both the plaintiff and
the court will benefit from the appointment of counsel, taking into account the factual
and legal complexity of the case, the presence or absence of conflicting testimony, and
the plaintiff’s ability to investigate the facts and present his claim.” Id. Having
considered these factors, 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. 6) is denied without prejudice to reassertion.
DATED this 27th day of May, 2016.

BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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