Filhiol v. Frakes et al

Filing 8

MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel and Waive Filing Fee (Filing No. 7 ) is denied. Plaintiffs request for counsel is denied without prejudice to reassertion at a later date. Plaintiff must pay the initial partial filing fee in the amount of $14.12 by November 11, 2016, unless the court extends the time in which he has to pay in response to a written motion. Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party) (LAC)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
CHARLES A. FILHIOL,
Plaintiff,
V.
SCOTT FRAKES, Ndocs Director,
ANY UNKNOWN NDOCS
EMPLOYEES INVOLVED IN MY
CLASSIFICATION PROCESS AT
NDOCS, ANY AND ALL
UNKNOWN MEDICAL STAFF
AWARE OF MY CURRENT
MEDICAL CONDITIONS WHO
WORK FOR OR ARE
CONTRACTED THROUGH THE
NDOCS, and ANY AND ALL
UNKNOWN HALL COUNTY
NEBRASKA CORRECTIONS
STAFF AND MEDICAL STAFF
AND ADMINISTRATORS
INVOLVED IN THIS CLAIM,
Defendants.

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8:16CV460

MEMORANDUM AND ORDER

This matter is before the court on Plaintiff’s Motion to Appoint Counsel and
Waive Filing Fee. (Filing No. 7.) The motion will be denied.
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.
Plaintiff was previously granted leave to proceed in forma pauperis. However,
prisoner plaintiffs are still required to pay the court’s filing fee my making monthly
payments to the court. 28 U.S.C. § 1915(b). Based on Plaintiff’s average monthly
account balance, Plaintiff was ordered to pay $14.12 by November 11, 2016. (Filing
No. 6.) Plaintiff has not provided the court with any reason to reconsider this ruling.
IT IS THEREFORE ORDERED that Plaintiff’s Motion to Appoint Counsel and
Waive Filing Fee (Filing No. 7) is denied. Plaintiff’s request for counsel is denied
without prejudice to reassertion at a later date. Plaintiff must pay the initial partial
filing fee in the amount of $14.12 by November 11, 2016, unless the court extends the
time in which he has to pay in response to a written motion.
DATED this 18th day of October, 2016.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge

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