Wiley v. Norfolk Regional Center et al

Filing 26

*STRICKEN* ORDER - the request for the appointment of counsel (Filing No. 25 ) is denied without prejudice to reassertion. Ordered by Magistrate Judge Susan M. Bazis. (Copy mailed to pro se party) (LKO) Modified on 1/8/2021 to strike per strike order 27 (LKO).

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8:20-cv-00147-BCB-SMB Doc # 26 Filed: 01/08/21 Page 1 of 1 - Page ID # 80 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA TIMOTHY J. WILEY, Plaintiff, 8:20CV147 vs. ORDER TOM BARR, Manager; KRISS BOE SIMMONS, Co-Manager/Assistant Manager; and DIANE, Head Nurse Supervisor; Defendants. Plaintiff has filed a motion seeking appointment of counsel. However, [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[.]” Davis v. Scott, 94 F.3d 444, 447 (8th Cir. 1996). No such benefit is apparent here at this time. Accordingly, the request for the appointment of counsel (Filing No. 25) is denied without prejudice to reassertion. IT IS SO ORDERED. Dated this 8th day of January, 2021. BY THE COURT: s/ Susan M. Bazis United States Magistrate Judge

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