HERRERA v. MOWRY, 8:12CV321. (2014)
Court: District Court, D. Nebraska
Number: infdco20140421805
Visitors: 14
Filed: Apr. 18, 2014
Latest Update: Apr. 18, 2014
Summary: MEMORANDUM AND ORDER JOSEPH F. BATAILLON, District Judge. Plaintiff Pimenio Vela Herrera has filed a motion seeking the appointment of counsel. (Filing No. 54. ) 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. . . . The trial court has broad discretion to decide whether both
Summary: MEMORANDUM AND ORDER JOSEPH F. BATAILLON, District Judge. Plaintiff Pimenio Vela Herrera has filed a motion seeking the appointment of counsel. (Filing No. 54. ) 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. . . . The trial court has broad discretion to decide whether both t..
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MEMORANDUM AND ORDER
JOSEPH F. BATAILLON, District Judge.
Plaintiff Pimenio Vela Herrera has filed a motion seeking the appointment of counsel. (Filing No. 54.) 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. . . . The trial court has broad discretion to decide whether both the plaintiff and the court will benefit from the appointment of counsel. . . ." Id. (quotation and citation omitted). No such benefit is apparent here. Thus, the request for the appointment of counsel is denied without prejudice to reassertion.
IT IS THEREFORE ORDERED that: Plaintiff's Motion to Appoint Counsel (Filing No. 54) is denied without prejudice.
Source: Leagle
