Carroll v. McAllister

Opinion

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