Clayborne v. Tecumseh Department of Corrections et al

Filing 31

MEMORANDUM AND ORDER denying without prejudice to reassertion 30 Motion to Appoint Counsel. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (JSF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT EARL CLAYBORNE JR.,
Plaintiff,
V.
TECUMSEH DEPARTMENT OF
CORRECTIONS, et al.,
Defendants.

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8:15CV198

MEMORANDUM AND ORDER

Plaintiff has filed a Motion (Filing No. 30) seeking the appointment of counsel.
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. 30) is denied without prejudice to reassertion.
DATED this 9th day of March, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge