Lasher v. Nebraska State Board of Pharmacy (NE BOP) et al

Filing 18

MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 15 ) is denied without prejudice to reassertion. Plaintiff's Motions for an Extension (Filing No. 16 ; Filing No. 17 ) are granted. Plaintiff shall have until Janua ry 25, 2018, to pay the initial partial filing fee. The clerk's office is directed to set a pro se case management deadline in this case using the following text: January 25, 2018: initial partial filing fee payment due. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LENA LASHER,
Plaintiff,

4:17CV3125

vs.
NEBRASKA STATE BOARD OF
PHARMACY (NE BOP), State of
Nebraska, Lincoln, Nebraska 68508; and
THOMAS L. WILLIAMS, MD, Chief
Medical Officer Director, Division of
Public Health State of Nebraska
Department of Health and Human
Services Lincoln, Nebraska 68508;

MEMORANDUM
AND ORDER

Defendants.
This matter is before the court on three motions filed by Plaintiff. The court
will address each motion in turn.
MOTION FOR COUNSEL
Plaintiff has filed a Motion (Filing No. 15) asking the court to reconsider its
previous denial of the appointment of counsel. As the court stated in its previous
order, the court cannot routinely appoint counsel in civil cases. (Filing No. 5 at
CM/ECF p.2.) 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

and the fact that the court has not yet been able to conduct an initial review of
Plaintiff’s Complaint, the request for the appointment of counsel will be denied
without prejudice to reassertion.
MOTION FOR EXTENSION OF TIME
Plaintiff seeks an extension of time to pay the initial partial filing fee.
(Filing No. 16; Filing No. 17) Plaintiff’s Motions for an Extension are granted,
and Plaintiff shall have until January 25, 2018, to pay the initial partial filing fee.
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s Motion to Appoint Counsel (Filing No. 15) is denied
without prejudice to reassertion.
2.
Plaintiff’s Motions for an Extension (Filing No. 16; Filing No. 17) are
granted. Plaintiff shall have until January 25, 2018, to pay the initial partial filing
fee. The clerk’s office is directed to set a pro se case management deadline in this
case using the following text: January 25, 2018: initial partial filing fee payment
due.
Dated this 4th day of December, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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