Beck v. Osmund

Filing 10

MEMORANDUM AND ORDER - Plaintiff's Motion to Appoint Counsel (Filing No. 2 ) is denied without prejudice to reassertion. Plaintiff's request for summons (Filing No. 3 ) is denied. Plaintiff's First Request for Production of Documents (Filing No. 8 ) is denied. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHRISTOPHER STEPHEN BECK,
Plaintiff,
V.
SHERIFF DAN OSMUND, Custer
County Jail,
Defendant.

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8:16CV193

MEMORANDUM
AND ORDER

Plaintiff has filed a motion (Filing No. 2) 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.” 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.
Plaintiff has also filed a document which the court construes as a request for
summons. (Filing No. 3.) Plaintiff is advised that if he is ultimately permitted to
proceed in forma pauperis, the court will conduct an initial review of his complaint
to determine whether the suit may proceed to service of process. Therefore, Plaintiff’s
request for summons is premature and will be denied at this time.
Plaintiff has also filed a “First Request for Production of Documents.” (Filing
No. 8.) Plaintiff is advised that the court does not facilitate discovery between the
parties. Moreover, the court will advise the parties when formal discovery may begin.
Therefore, Plaintiff’s First Request for Production of Documents will be denied.

IT IS THEREFORE ORDERED that:
1.

Plaintiff’s Motion to Appoint Counsel (Filing No. 2) is denied without
prejudice to reassertion.

2.

Plaintiff’s request for summons (Filing No. 3) is denied.

3.

Plaintiff’s First Request for Production of Documents (Filing No. 8) is
denied.

DATED this 27th day of June, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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