Johnson v. Douglas County Medical Department

Filing 149

ORDER denying the plaintiff's 148 Motion to Appoint Counsel. Ordered by Magistrate Judge Thomas D. Thalken. (Copy mailed to pro se party)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

DAVID L. JOHNSON, JR.,
Plaintiff,

8:09CV356

vs.

ORDER

COUNTY OF DOUGLAS,
NEBRASKA,
Defendant.

This matter is before the court on the plaintiff’s Motion to Appointment of Counsel
(Filing No. 148). “Indigent 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 . . . .” Davis v. Scott,
94 F.3d 444, 447 (8th Cir. 1996) (quotation and citation omitted). In his application, the
plaintiff, who was previously granted in forma pauperis status, states his prior counsel
cannot proceed with this case. Assuming the plaintiff’s is indigent under 28 U.S.C.
§ 1915(a) and (e)(1), the plaintiff fails to provide any reason the appointment of counsel
would benefit him or the court.

The court entered judgment in this civil action on

December 19, 2012. See Filing No. 128. On August 2, 2013, the Eighth Circuit Court
of Appeals affirmed this court’s grant of summary judgment. See Filing Nos. 139 and
140. No further action or proceedings remain pending in this case. Accordingly,

IT IS ORDERED:
The plaintiff’s Motion to Appointment of Counsel (Filing No. 148) is denied.
Dated this 3rd day of November, 2014.
BY THE COURT:
s/ Thomas D. Thalken
United States Magistrate Judge