Brown v. Dept. of Health & Human Svs. et al
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
DEPT. OF HEALTH & HUMAN
SVS., et al.,
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
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