Menyweather v. Department of Correction Serv. et al
MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel (Filing No. 24 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DOSSOU, Officer, Corpal;
Plaintiff has filed a Motion (Filing No. 24) asking the court to reconsider its
previous denial of the appointment of counsel. Plaintiff states counsel “is very
much needed as the plaintiff’s case has moved onto stages that he is not qualified
in the field of law and does not have legal training needed . . . to successfully bring
the matter before this Honorable Court.” (Id. at CM/ECF p.1).
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. 24) is denied without prejudice to reassertion.
Dated this 1st day of December, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
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