Fay v. Douglas County, NE et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
KIMBERLY S. FAY,
DOUGLAS COUNTY, NE, COUNTY
COMMISSIONERS, JAN PELLETIER,
TERRIE MCKENNA, VIRDIE
JOHNSON, EMPLOYEE’S UNITED
LABOR ASSOCIATION, and JAMES
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
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
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