Herzog v. O'Niel et al

Filing 182

MEMORANDUM AND ORDER - Plaintiffs Motion for Appointment of Counsel (filing no. 180 ) is denied. Ordered by Judge Richard G. Kopf. (Copy mailed to pro se party) (AOA)

Herzog v. Weich

Doc. 182

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ANDREW A. HERZOG, Plaintiff, v. LEANNE WICHE, et al., Defendants. ) ) ) ) ) ) ) ) ) 8:07CV498

MEMORANDUM AND ORDER

This matter is before the court on Plaintiff's Motion for Appointment of Counsel. (Filing No. 180.) 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 here, particularly since this matter has been closed since 2009. IT IS THEREFORE ORDERED that Plaintiff's Motion for Appointment of Counsel (filing no. 180) is denied. DATED this 28th day of February, 2011. BY THE COURT: Richard G. Kopf United States District Judge *This opinion may contain hyperlinks to other documents or Web sites. The U.S. District Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they provide on their Web sites. Likewise, the court has no agreements with any of these third parties or their Web sites. The court accepts no responsibility for the availability or functionality of any hyperlink. Thus, the fact that a hyperlink ceases to work or directs the user to some other site does not affect the opinion of the court.

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