Franklin v. Frakes et al
MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel (Filing No. 18 ) is denied without prejudice to reassertion. 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
JOSHUA G. FRANKLIN, SR.,
SCOTT FRAKES, Director, In his
Individual and Official Capacity; et al.,
Plaintiff has filed a Motion (Filing No. 18) seeking the appointment of
counsel. 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 that: Plaintiff’s Motion to Appoint Counsel
(Filing No. 18) is denied without prejudice to reassertion.
Dated this 10th day of April, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
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