Haynes v. FBG Service Corporation

Filing 28

MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 17 ) is denied. Plaintiff's Motion to Extend (Filing No. 24 ) is granted. Plaintiff shall have until March 25, 2011, to file a response to defendant's pending M otion to Compel. If no response is filed by that date, the Court will rule on the Motion to Compel without further notice. Defendant's Motion to Strike Unopposed Motion to Quash (Filing No. 19 ) is granted. The clerk of the court is directed to strike Filing No. 18 from the record. Filing No. 20 remains pending. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(GJG)

-PRSE Haynes v. FBG Service Corporation

Doc. 28

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA COREY HAYNES, ) ) Plaintiff, ) ) v. ) ) FBG SERVICE CORPORATION, ) ) Defendant. ) ______________________________)

8:10CV342

MEMORANDUM AND ORDER

This matter is before the Court on plaintiff's Motion to Appoint Counsel (Filing No. 17) and Motion to Extend (Filing No. 24). Regarding the Motion to Appoint Counsel, the Court

notes that it 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 . . . ." omitted). Id. (quotation and citation The request for the

No such benefit is apparent here.

appointment of counsel will be denied without prejudice. Plaintiff also seeks a Motion to Extend, presumably to respond to the pending Motion to Compel (Filing No. 24). good cause shown, the Motion to Extend will be granted and plaintiff shall have additional time to respond to the Motion to Compel (Filing No. 20), as set forth below. For

Dockets.Justia.com

Also pending before the Court is defendant's Motion to Strike Unopposed Motion to Quash (Filing No. 19). In the its

Motion to Strike, defendant states that Filing No. 18, titled "Unopposed Motion to Quash," was incorrectly filed in CM/ECF. (Id.) Defendant states that it will file a corrected motion, (See Filing No. 20.) The Court will allow

which it has done.

the correction of this filing error. IT IS ORDERED: 1) 17) is denied. 2) granted. Plaintiff's Motion to Extend (Filing No. 24) is Plaintiff's Motion to Appoint Counsel (Filing No.

Plaintiff shall have until March 25, 2011, to file a If no response

response to defendant's pending Motion to Compel.

is filed by that date, the Court will rule on the Motion to Compel without further notice. 3) Defendant's Motion to Strike Unopposed Motion to The clerk of the court is Filing No. 20

Quash (Filing No. 19) is granted.

directed to strike Filing No. 18 from the record. remains pending. DATED this 15th day of March, 2011. BY THE COURT:

/s/ Lyle E. Strom ____________________________ LYLE E. STROM, Senior Judge United States District Court

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