Willis v. Douglas County Corrections
MEMORANDUM AND ORDER that Plaintiff's Motion to Appoint Counsel (Filing No. 8 ) 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
FREDDIE L. WILLIS,
Plaintiff has filed a Motion (Filing No. 8) seeking the appointment of
counsel. At present, Plaintiff has not yet filed the required initial partial filing fee,
which Plaintiff must do before this case can proceed. Furthermore, 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. 8) is denied without prejudice to reassertion.
Dated this 13th day of November, 2017.
BY THE COURT:
s/ Richard G. Kopf
Senior United States District Judge
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