Chapman v. Douglas County Official's et al

Filing 27

MEMORANDUM AND ORDER - Plaintiff's request for reconsideration of the court's order denying the appointment of counsel is denied. Plaintiff's request for a temporary injunction is denied. Accordingly, the clerk's office is directed to term the motion appearing at Filing Number 26 . Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(AOA)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BILLIE JOE CHAPMAN,
Plaintiff,
v.
CHRIS ANDERSON, et al.,
Defendants.

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8:12CV370

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s document entitled “Temporary
Injunction and/or Reconsideration on Appointment of Counsel.” (Filing No. 26.) In
this document, Plaintiff seeks reconsideration of the court’s order from August 23,
2013, denying his request for the appointment of counsel. (See Filing No. 26.) As the
court explained in its prior order, it cannot routinely appoint counsel in civil cases, and
the court has broad discretion to decide whether both the plaintiff and the court will
benefit from the appointment of counsel. See Davis v. Scott, 94 F.3d 444, 447 (8th
Cir. 1996). Because no such benefit is apparent in this case at this time, Plaintiff’s
request that the court reconsider its order denying the appointment of counsel is
denied.
Plaintiff also seeks a temporary injunction in the form of a court order
prohibiting his “prison facility” from opening his mail. This unnamed “prison
facility” is not a party to this action, and Plaintiff cites no authority suggesting that
this court can order a nonparty to provide the relief that he seeks. Plaintiff’s request
for an order prohibiting his prison facility from opening his mail is denied.
IT IS THEREFORE ORDERED that:
1.
Plaintiff’s request for reconsideration of the court’s order denying the
appointment of counsel is denied.

2.

Plaintiff’s request for a temporary injunction is denied.

3.
Accordingly, the clerk’s office is directed to term the motion appearing
at Filing Number 26.
DATED this 16th day of September, 2013.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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Court for the District of Nebraska does not endorse, recommend, approve, or guarantee any third
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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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