Garcia v. US Marshalls et al

Filing 31

MEMORANDUM AND ORDER - The Plaintiff's 30 MOTION to Appoint Counsel is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (MKR)

4:20-cv-03049-RGK-PRSE Doc # 31 Filed: 12/08/20 Page 1 of 1 - Page ID # 133

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ELEAZAR GARCIA,
Plaintiff,

4:20CV3049

vs.
DAVID W. COOMBS, JR., Special Deputy
U.S. Marshal, in his individual capacity;
JACOB P. BETSWORTH, Special Deputy
U.S. Marshal, in his individual capacity; and
JEFF DAVIS, Sarpy County Sheriff, in his
individual capacity,

MEMORANDUM
AND ORDER

Defendants.

Plaintiff has filed a Motion to Appoint Counsel (Filing 30). 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. (quotation and citation omitted). No such benefit is
apparent at this time. Thus, the request for the appointment of counsel will be denied
without prejudice.
IT IS ORDERED that Plaintiff’s Motion to Appoint Counsel (Filing 30) is denied
without prejudice.
DATED this 8th day of December, 2020.
BY THE COURT:

Richard G. Kopf
Senior United States District Judge