Brown v. Department of Health and Human Services et al

Filing 11

ORDER that Plaintiff's Motion for Appointment of Counsel (Filing No. 9 ) is denied without prejudice. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CORNELIUS BROWN, Plaintiff, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, COURTNEY PHILIPS, Director, SHANNON BLACK, Program Director, KYLE MALONE, SOS Team Leader, WILLIAM BECKER, Program Therapist, CINDY DYKEMAN, Program Manager, and LISA LAURELL, Program Social Worker, et. al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 8:16CV377 ORDER Plaintiff has filed a Motion to Appoint 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. 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 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. IT IS ORDERED that Plaintiff’s Motion for Appointment of Counsel (Filing No. 9) is denied without prejudice. DATED this 7th day of December, 2016. BY THE COURT: s/ Richard G. Kopf Senior United States District Judge

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