Walton v. Vidakovic ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA JOHN KEVIN WALTON, Plaintiff, 8:20C V123 VS. MEMORANDUM NEMANJA VIDAKOVIC, Officer; AND ORDER ZACHARY KINSELLA, Officer; GABRIEL PENHAERRERA, KATIE STENNECHE, Sargent; TAMMIE JENSEN, Mental Health Coordinator; CAPTAIN WEST, and LT. MORRISON, Defendants. Plaintiff has moved for appointment of counsel. (Filing 20.) 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 ....” /d. (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 for Appointment of Counsel (Filing 20) is denied without prejudice. DATED this 22nd day of February, 2021. BY THE COURT: Richard G Ae YA Richard G. Kopf Senior United States District Judge