Brown v. Dept. of Health & Human Svs. et al
Filing
20
MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel 19 is denied without prejudice to reassertion. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party) (ADB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CORNELIUS BROWN,
Plaintiff,
v.
DEPT. OF HEALTH & HUMAN
SVS., et al.,
Defendants.
)
)
)
)
)
)
)
)
)
)
8:14CV298
MEMORANDUM
AND ORDER
Plaintiff Cornelius Brown has filed a motion seeking the appointment of counsel.
(Filing No. 19.) 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. 19) is denied without prejudice to reassertion.
DATED this 30th day of December, 2014.
BY THE COURT:
s/ Joseph F. Bataillon
Senior 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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?