Norris v. Nebr. Dept. of Corr. Srvcs. et al

Filing 9

ORDER that Plaintiff's Motion to Appoint Counsel (Filing No. 4 ) is denied. 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
HEATH NORRIS,

)
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Plaintiff,
)
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v.
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NEBR. DEPT. OF CORR. SRVCS., )
OMAHA CORR. CNTR., SCOTT
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FRAKES, DR. RANDY KOHL,
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BARBARA LEWEIN, CURT WEES, )
OMAHA CORR. CNTR. MEDICAL )
STAFF, including and all other
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unnamed John and Jane Does known )
and unknown, D. SMALL, C.
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SCHMOKER, DR. KATHLEEN
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OGDEN, M. ANTLEY, M.
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WESLEY, and JOHN AND JANE
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DOES, known and unknown
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employees and/or contractors,
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Defendants.
)
)

8:16CV187

ORDER

Along with his Complaint (Filing No. 1) and Motion for Leave to Proceed In
Forma Pauperis (Filing No. 2), Plaintiff has filed a Motion to Appoint Counsel (Filing
No. 4). 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). As the court has not yet conducted an initial review of
Plaintiff’s complaint, no such benefit is apparent at this time. Thus, Plaintiff’s request
for the appointment of counsel will be denied.

IT IS ORDERED that Plaintiff’s Motion to Appoint Counsel (Filing No. 4) is
denied.
DATED this 3rd day of May, 2016.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

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