Barta v. Yeomans et al

Filing 7

MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel, (filing no. 6 ), is denied. Ordered by Magistrate Judge Cheryl R. Zwart. (Copy mailed to pro se party) (KLF)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DALE BARTA,
Plaintiff,

8:16CV242

vs.
MEMORANDUM AND ORDER
TAMI YEOMANS, RODNEY O'NEIL,
KURBY ALLOWAY, TREVOR KRUSE,
DUANE BROCKMAN, LINDA
HEERMANN, DALE CRANDELL, AND
LARRY DONNER,
Defendants.
This matter is before the court on Plaintiff’s Motion to Appoint Counsel. (Filing No.
6).

Plaintiff filed his complaint on May 31, 2016 (filing no. 1). He now moves for
appointment of counsel. (Filing No. 6). Plaintiff’s single contention is that he is unable to
afford an attorney. (Filing No. 6 at CM/ECF p. 1).

A civil litigant has no constitutional or statutory right to a court-appointed attorney.
Ward v. Smith, 721 F.3d 940, 942 (8th Cir. 2013). The trial court, however, has 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 pro se party’s ability to
investigate the facts and present or defend the claims. Davis v. Scott, 94 F.3d 444, 447
(8th Cir. 1996) (quotation and citation omitted). The court may also consider whether the
plaintiff has made reasonable efforts to retain counsel before requesting a court-appointed
attorney.

Considering all these factors, the court finds appointment of counsel is not warranted
in this case. Plaintiff’s complaint alleged violation of civil rights, criminal trespass, and
destruction of private property. The claims and defenses at issue are not factually or
legally complex. (See Filing No. 1). The plaintiff has failed to show he is unable to
adequately litigate his claims and defenses, and he has not shown that he made
reasonable efforts to locate an attorney without court assistance. Id.; see also 28 U.S.C §
1915(a).
IT IS THEREBY ORDERED that Plaintiff’s Motion to Appoint Counsel, (filing
no. 6), is denied.

Dated this 14th day of June, 2016
BY THE COURT:
s/ Cheryl R. Zwart
United States Magistrate Judge

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