Paulsen v. Foxall et al

Filing 46

MEMORANDUM AND ORDER that Plaintiff's motion for appointment of counsel (Filing ]No. 40 ) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
HAROLD PAULSEN,
Plaintiff,
v.
BOBBY HYEK and
SARGENT BARBEE,
Defendants.

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8:14CV336

MEMORANDUM
AND ORDER

This matter is before the court on Plaintiff’s third motion for appointment of
counsel (Filing No. 40). 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.” Trial courts have “broad
discretion to decide whether both the plaintiff and the court will benefit from the
appointment of counsel, taking into account the factual and legal complexity of the
case, the presence or absence of conflicting testimony, and the plaintiff’s ability to
investigate the facts and present his claim.” Id. Having considered these factors, the
request for the appointment of counsel will be denied without prejudice to reassertion.
IT IS ORDERED that Plaintiff’s motion for appointment of counsel (Filing No.
40) is denied without prejudice.
October 27, 2016

BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge