Garcia v. Davis ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA ELEAZAR GARCIA, Plaintiff, 4:20C V3049 VS. MEMORANDUM DAVID W. COOMBS, JR., Special Deputy AND ORDER U.S. Marshal, in his individual capacity; JACOB P. BETSWORTH, Special Deputy U.S. Marshal, in his individual capacity; and JEFF DAVIS, Sarpy County Sheriff, in his individual capacity, Defendants. Plaintiff has filed a Motion to Appoint Counsel (Filing 30). 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]Jndigent civil litigants do not have a constitutional or statutory mght to appointed counsel. ...The tral court has broad discretion to decide whether both the plaintiff and the court will benefit from the appointment of counsel ....” Jd. (quotation and citation omitted). No such benefit is apparent at this time. Thus, the request for the appointment of counsel will be denied without prejudice. IT IS ORDERED that Plaintiff’s Motion to Appoint Counsel (Filing 30) is denied without prejudice. DATED this 8th day of December, 2020. BY THE COURT: fiuchirdk F Ae YA Richard G. Kopf Senior United States District Judge