Johnson v. Edwards et al

Filing 48

ORDER denying 44 Motion to Extend. Ordered by Senior Judge Lyle E. Strom. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEBRASKA
TERRY JOHNSON,

)
)
Plaintiff,
)
)
v.
)
)
MR. VINCE EDWARDS, Branch
)
Contract Manager, MR. PHILLIP )
O’DONNELL, Operation Contract )
Manager, MR. JOSH GOOSSEN,
)
Contract Manager, MISS DENISE )
ROLLERSON, Dispatcher, MISS
)
McGEE, Principal and
)
employee of O.P.S., MR.
)
RAYMOND BURT, Lead Dispatcher,)
FIRST STUDENT,
)
)
Defendants.
)
______________________________)

8:12CV244

ORDER

This matter is before the Court on the plaintiff’s
motion to extend time to find an attorney (Filing No. 44).

In

September 2013, a final progression order was entered in this
case (Filing No. 42) setting trial for September 2, 2014.

In

anticipation of this trial, the Court requested that Terry
Johnson (“Johnson”) seek representation or prepare to represent
himself.

The Court asked Johnson to inform it of his progress on

September 20, 2013.

He has been unable to obtain counsel.

On November 21, 2013, defense counsel sent Johnson a
discovery request (Filing No. 44).

Johnson sent a letter to this

Court requesting an extension to respond to the discovery

request.

The Court did not rule on the motion, but instead asked

Johnson to file a status report as to his progress by January 10,
2014 (Filing No. 45).
On January 10, 2014, Johnson filed his status report
(Filing No. 46).

In that letter, Johnson stated that he was

“waiting for [the Court] to appoint me with a Lawyer and still
planning to show up for the August, 18, 2014 court date.”

The

Court cannot appoint a lawyer for the plaintiff in this matter.
“Indigent civil litigants do not have a constitutional or
statutory right to appointed counsel.”

Davis v. Scott, 94 F.3d

444, 447 (8th Cir. 1996) (citing Edgington v. Missouri Dep't of
Corrections, 52 F.3d 777, 780 (8th Cir. 1995).

Furthermore, this

is a civil matter and no party is the subject of a criminal
prosecution.
IT IS ORDERED that defendant’s motion for extension of
time (Filing No. 44) is denied.
DATED this 7th day of February, 2014.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court