Brown v. Department of Health & Human Services et al

Filing 10

MEMORANDUM AND ORDER - Plaintiff's Motion for Leave to File an Amended Complaint (Filing No. 8 ) is granted. Plaintiff shall file an amended complaint by January 6, 2017. Plaintiff is advised that the amended complaint will supersede, rather th an supplement, his original complaint. The clerk of court is directed to set a pro se case management deadline in this case using the following text: January 6, 2017: Check for Amended Complaint. Plaintiff's Motion for Appointment of Counsel (Filing No. 9 ) 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
CORNELIUS BROWN,
Plaintiff,
V.
DEPARTMENT OF HEALTH &
HUMAN SERVICES, et al.,
Defendants.

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8:16CV245

MEMORANDUM AND ORDER

Plaintiff has filed a Motion for Leave to File an Amended Complaint. (Filing
No. 8.) The motion will be granted as Defendants have not yet been served or filed
any response in this action.
Plaintiff has also filed a motion seeking the appointment of counsel. (Filing
No. 9.) 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.
IT IS THEREFORE ORDERED:
1.
Plaintiff’s Motion for Leave to File an Amended Complaint (Filing No.
8) is granted. Plaintiff shall file an amended complaint by January 6, 2017. Plaintiff

is advised that the amended complaint will supersede, rather than supplement,
his original complaint.
2.
The clerk of court is directed to set a pro se case management deadline
in this case using the following text: January 6, 2017: Check for Amended Complaint.
3.
Plaintiff’s Motion for Appointment of Counsel (Filing No. 9) is denied
without prejudice to reassertion.
DATED this 7th day of December, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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