Harvey v. Nebraska Department of Correctional Services et al

Filing 14

MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel 13 is denied without prejudice to reassertion. Ordered by Judge John M. Gerrard. (Copy mailed to pro se party)(SLP)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JASON WILLIAM HARVEY,
Plaintiff,
v.
NEBRASKA DEPARTMENT OF
CORRECTIONAL SERVICES,
RANDY KOHL, STEVEN E.
RADEMACHER, and JULIE A.
PEW,
Defendants.

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8:15CV102

MEMORANDUM
AND ORDER

Plaintiff has filed a Motion to Appoint Counsel (Filing No. 13). 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: Plaintiff’s Motion to Appoint Counsel
(Filing No. 13) is denied without prejudice to reassertion.

DATED this 30th day of October, 2015.
BY THE COURT:
s/ John M. Gerrard
United States District Judge