Bailey v. State of Nebraska et al

Filing 14

ORDER that Plaintiff's motions seeking the appointment of counsel (Filing No. 13 ) and service of summons (Filing No. 12 ) are denied. 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
BRENT SCOTT BAILEY,
Plaintiff,
v.
STATE OF NEBRASKA,
NEBRASKA HEALTH & HUMAN
SERVICES, CUSTER COUNTY,
CUSTER COUNTY DISTRICT
ATTORNEY, and AMANDA MAE
WILDER-BAKER,
Defendants.

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7:16CV5007

ORDER

This matter is before the court on two motions filed by Plaintiff. For the
reasons discussed below, both motions will be denied.
I. Motion for Appointment of Counsel
Plaintiff seeks the appointment of counsel. (Filing No. 13.) 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 is
denied without prejudice to reassertion.

II. Motion for Service of Summons
Plaintiff has moved (Filing No. 12) for service of process at government
expense. This motion is premature, as the court has not yet conducted an initial
review of Plaintiff’s Complaint pursuant to 28 U.S.C. § 1915(e)(2). Service shall not
be ordered until the court determines that Plaintiff has asserted a plausible claim for
relief.
IT IS ORDERED: Plaintiff’s motions seeking the appointment of counsel
(Filing No. 13) and service of summons (Filing No. 12) are denied.
DATED this 30th day of January, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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