Olona v. NDCS et al

Filing 10

MEMORANDUM AND ORDER that plaintiff's 9 Motion to Appoint Counsel is denied without prejudice to reassertion. Plaintiff is advised that his payment of his initial partial filing fee of $0.06 is due by June 19, 2020 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) (ADB)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LOUIS ALFONSE OLONA,
Plaintiff,

8:20CV171

vs.
MEMORANDUM AND ORDER
NDCS,
WARDEN MAHR, SCOTT
FRAKES, and AARON BLIVEN,
Defendants.

This matter is before the court on Plaintiff’s motion (filing 9) 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:
1.
Plaintiff’s Motion to Appoint Counsel (filing 9) is denied without
prejudice to reassertion.
2.
Plaintiff is advised that his payment of his initial partial filing fee of
$0.06 is due by June 19, 2020 unless the court extends the time in which he has to
pay in response to a written motion.

Dated this 12th day of June, 2020.
BY THE COURT:

Richard G. Kopf
Senior United States District Judge

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