Herrera v. Mowry et al

Filing 55

MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 54 ) is denied without prejudice. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PIMENIO VELA HERRERA,
Plaintiff,
v.
TAMMY MOWRY, et al.,
Defendants.

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8:12CV321

MEMORANDUM
AND ORDER

Plaintiff Pimenio Vela Herrera has filed a motion seeking the appointment of
counsel. (Filing No. 54.) 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. Thus, the request for the
appointment of counsel is denied without prejudice to reassertion.
IT IS THEREFORE ORDERED that: Plaintiff’s Motion to Appoint Counsel
(Filing No. 54) is denied without prejudice.
DATED this 18th day of April, 2014.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge
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