Quevedo-Andretti v. Nebraska Department of Health and Human Services et al

Filing 14

MEMORANDUM AND ORDER that Plaintiff must file an amended complaint within 30 days that identifies each defendant by name and states all of his claims against that defendant. Plaintiff is ordered not to file any other amended pleadings or supplemen ts to his pleadings, aside from the one contemplated in the preceding paragraph, without first obtaining leave of the court as required by Rule 15 (a) of the Federal Rules of Civil Procedure, and Rule 15.1 of the local rules of this court. Plaintiff 's Motion to Appoint Counsel (Filing No. 11) is denied. In light of the foregoing, Plaintiff's Motion for Leave to File a Supplemental Complaint (Filing No. 13) is denied as moot. The clerk of the court is directed to set the following pro se case management deadline: May 11, 2015: check for amended complaint. 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
ALEJANDRO D. QUEVEDOANDRETTI,

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Plaintiff,
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v.
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NEBRASKA DEPARTMENT OF
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HEALTH AND HUMAN
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SERVICES, TYLYNN BAUER, Fac. )
Op. Ofc., KRISTINE
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BOESIMMONS, Assoc. Fad. Op.
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OFC., STEPHEN O’NEILL,
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Psychiatrist, DARYL
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STEPHENSON, Psychiatrist, HOLLI )
FRYE, Compl. Specialist,
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STEPHANIE BRIGHT, Compl.
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Specialist, KAYLA HRABANEK,
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Compl. Specialist, and DAVID
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MITCHELL, Psychologist &
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Facilitator,
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Defendants.
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8:15CV31

MEMORANDUM
AND ORDER

This matter is before the court for case management. Since filing a Complaint
on January 22, 2015, Plaintiff Alejandro D. Quevado-Andretti has filed four
pleadings and motions seeking to supplement his Complaint. Most recently, Plaintiff
filed a Supplement to his Complaint on March 26, 2015, and a Motion for Leave to
File a Supplemental Complaint on April 6, 2015. While the court may consider
amended pleadings as supplemental to an original pleading in pro se cases (see
NECivR 15.1(b)), the court will no longer permit the piecemeal filing of
supplemental pleadings in this case.

The court will give Plaintiff leave to file one amended complaint that identifies
each defendant by name and states all of his claims (and any supporting factual
allegations) against that defendant. Plaintiff is ordered not to file any other amended
pleadings or supplements to his pleadings, aside from the one contemplated in the
preceding sentence, without first obtaining leave of the court as required by Rule
15(a) of the Federal Rules of Civil Procedure, and Rule 15.1 of the local rules of this
court.
After Plaintiff files an amended complaint, the next step in his case will be for
the court to conduct an initial review of his claims to determine whether summary
dismissal is appropriate under 28 U.S.C. § 1915(e)(2). This review cannot occur if
Plaintiff continues to supplement his Complaint with additional claims against
additional defendants.
B.

Motion to Appoint Counsel

Plaintiff seeks the appointment of counsel. (Filing No. 11.) 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. (internal citation and quotation marks
omitted). No such benefit is apparent here at this time. Thus, the request for the
appointment of counsel will be denied without prejudice to reassertion.
IT IS THEREFORE ORDERED that:
1.
Plaintiff must file an amended complaint within 30 days that identifies
each defendant by name and states all of his claims (and any supporting factual

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allegations) against that defendant. Failure to do so will result in the court dismissing
this action without prejudice and without further notice for failure to prosecute it.
2.
Plaintiff is ordered not to file any other amended pleadings or
supplements to his pleadings, aside from the one contemplated in the preceding
paragraph, without first obtaining leave of the court as required by Rule 15(a) of the
Federal Rules of Civil Procedure, and Rule 15.1 of the local rules of this court.
3.

Plaintiff’s Motion to Appoint Counsel (Filing No. 11) is denied.

4.
In light of the foregoing, Plaintiff’s Motion for Leave to File a
Supplemental Complaint (Filing No. 13) is denied as moot.
5.
The clerk of the court is directed to set the following pro se case
management deadline: May 11, 2015: check for amended complaint.
DATED this 10th day of April, 2015.
BY THE COURT:

s/ Joseph F. Bataillon
Senior United States District Judge

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of Nebraska does not endorse, recommend, approve, or guarantee any third parties or the services or products they
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