Guerry v. Frakes et al
Filing
51
MEMORANDUM AND ORDER - that Plaintiff's Motion for Appointment of Counsel (Filing No. 44 ) is denied without prejudice to reassertion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (KLF)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
BRIAN FRANK GUERRY,
Plaintiff,
V.
SCOTT FRAKES, Director, BRIAN
GAGE, Warden, GUIFFE, Case
Worker, THOMPSON, Case Worker,
and NEBRASKA DEPARTMENT OF
CORRECTIONS AGENCY,
Defendants.
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8:15CV323
MEMORANDUM
AND ORDER
Plaintiff filed a motion requesting the appointment of counsel in this matter.
(Filing No. 44.) 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.” 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 at a later time.
IT IS THEREFORE ORDERED that Plaintiff’s Motion for Appointment of
Counsel (Filing No. 44) is denied without prejudice to reassertion.
DATED this 15th day of November, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
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