Carroll v. Christiansen

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA TIMOTHY J. WILEY, Plaintiff, 8:20CV220 vs. ORDER AUSTIN CHRISTIANSEN, SS2 Employee, in Individual Capacity; TERRI J. BRUEGMAN, Unit Manager, in Individual Capacity; DREW ENGLISH, Compliance Team, in Individual Capacity; DON WHITMAR, Compliance Team, in Individual Capacity; VICTOR V. VAN FLEET, Therapist, in Individual Capacity; MIKE EPPEMAN, Social Worker, in Individual Capacity; and JACOB CHAPMAN, 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. 46) 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