Fay v. Douglas County, NE et al

Filing 12

MEMORANDUM AND ORDER denying without prejudice the Plaintiff's 11 Motion to Appoint Counsel. Ordered by Judge Joseph F. Bataillon. (Copy mailed to pro se party)(MKR)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA KIMBERLY S. FAY, Plaintiff, v. DOUGLAS COUNTY, NE, COUNTY COMMISSIONERS, JAN PELLETIER, TERRIE MCKENNA, VIRDIE JOHNSON, EMPLOYEE’S UNITED LABOR ASSOCIATION, and JAMES WALTER CRAMPTON, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 8:12CV361 MEMORANDUM AND ORDER Plaintiff Kimberly Fay has filed a motion seeking the appointment of counsel. (Filing No. 11.) 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. 11) is denied without prejudice. DATED this 13th day of March, 2013. BY THE COURT: s/ Joseph F. Bataillon 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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