Wiley et al v. McAllister et al

Filing 22

*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 23 (LKO).

8:20-cv-00265-BCB-SMB Doc # 22 Filed: 01/08/21 Page 1 of 1 - Page ID # 60

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
TIMOTHY WILEY,
Plaintiff,

8:20CV265

vs.
ORDER
ROSETTA MCALLISTER, RN;
Defendant.

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