Brown v. Houston et al

Filing 19

MEMORANDUM AND ORDER - Plaintiff's Motion for Appointment of Counsel 16 is denied. Plaintiff's Motion to Amend Complaint 18 is granted, and Filing No. 18 shall be deemed Plaintiff's Supplemental Complaint. 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
MARVIN L. BROWN JR.,
Plaintiff,
v.
ROBERT HOUSTON, Director, in
his official and individual capacity, et
al.,
Defendants.

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8:16CV217

MEMORANDUM
AND ORDER

Plaintiff, an inmate at the Tecumseh State Prison, has been granted leave to
proceed in forma pauperis (Filing No. 8), has paid his initial partial filing fee (Filing
No. 15), and his Complaint awaits initial review to determine whether summary
dismissal is appropriate under 28 U.S.C. § 1915(e)(2). Plaintiff now moves (for the
second time) for appointment of counsel (Filing No. 16) and to amend his Complaint
(Filing No. 18).
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 initial review has not yet occurred, and the defendants have not yet
been served and filed answers or dispositive motions, no such benefit is apparent at this
time. Thus, Plaintiff’s request for the appointment of counsel will be denied.
Accordingly,
IT IS ORDERED:

1.

Plaintiff’s Motion for Appointment of Counsel (Filing No. 16) is denied.

2.
Plaintiff’s Motion to Amend Complaint (Filing No. 18) is granted, and
Filing No. 18 shall be deemed Plaintiff’s Supplemental Complaint.
DATED this 11th day of July, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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