Wiley v. Norfolk Regional Center et al

Filing 28

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)

8:20-cv-00147-BCB-SMB Doc # 28 Filed: 01/08/21 Page 1 of 1 - Page ID # 81

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