Yelder v. Austin ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA QUINDON M. YELDER, Plaintiff, 8:21CV320 vs. ORDER LLOYD J. AUSTINIII, Secretary of Defense; Defendant. This matter is before the Court on Plaintiff’s motion for appointment of counsel. (Filing No. 3.) The motion will be denied. “Indigent civil litigants do not have a constitutional or statutory right to appointed counsel.” Davis v. Scott, 94 F.3d 444, 447 (8th Cir. 1996). Trial courts have “broad discretion to decide whether both the [indigent litigant] and the court will benefit from the appointment of counsel, taking into account the factual and legal complexity of the case, the presence or absence of conflicting testimony, and the [indigent litigant’s] ability to investigate the facts and present his claim.” Id. Having considered these factors, the Court finds that appointment of counsel is not warranted at this time. Accordingly, IT IS ORDERED that Plaintiff’s motion for appointment of counsel (Filing No. 3) is denied. Dated this 29th day of September, 2021. BY THE COURT: s/ Susan M. Bazis United States Magistrate Judge