Chesson v. Jerard et al

Filing 16

MEMORANDUM AND ORDER denying 3 Motion to Appoint Counsel ; denying 12 Motion for service of summons. Ordered by Chief Judge Laurie Smith Camp. (Copy mailed to pro se party)(ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRIAN S. CHESSON,
Plaintiff,
v.
PARKER HANNIFIN CORPORATION,
ET. AL.,
Defendant.

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CASE NO. 8:14CV9

MEMORANDUM
AND ORDER

This matter is before the court on two motions filed by Plaintiff. For the reasons
discussed below, both motions are denied.
I. Motion for Appointment of Counsel
Plaintiff seeks the appointment of counsel. 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.
II. Motion for Service of Summons
Plaintiff seeks information concerning service of process in this matter. Plaintiff filed
a Complaint on January 13, 2014. (Filing No. 1.) As pled, Plaintiff’s Complaint fails to state
a claim upon which relief may be granted. (Filing No. 13 (holding that Plaintiff must file an
amended complaint that sufficiently alleges an employment discrimination claim upon which

relief may be granted).) This matter will not proceed to service unless so ordered by this court
after review of an amended complaint.
IT IS ORDERED: Plaintiff’s motions seeking the appointment of counsel (Filing No.
3) and service of summons (Filing No. 12) are denied.

DATED this 4th day of August, 2014.
BY THE COURT:

s/Laurie Smith Camp
Chief United States District Judge

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