Summary
This United States District Court for the District of Nebraska order addresses four motions filed by pro se plaintiff Latoyin V. Davis. The court denies requests for leave to serve subpoenas pursuant to Federal Rule of Civil Procedure 45, an extension of time to respond to a motion to dismiss, and the appointment of counsel. The magistrate judge concludes that discovery has not yet commenced, the extension request is moot, and the plaintiff has not demonstrated the complexity or need required for court-appointed counsel.
Topics
Practice areas
Questions Presented
- Whether Plaintiff is entitled to leave to serve Rule 45 subpoenas on a dismissed defendant and on Domino's Pizza, LLC.
- Whether Plaintiff is entitled to an extension of time to respond to Domino's motion to dismiss.
- Whether Plaintiff is entitled to court‑appointed counsel.
Holdings
- The Court denied Plaintiff's motions for Rule 45 subpoenas.
- The Court denied the extension request as moot because the motion to dismiss had already been ruled on.
- The Court denied Plaintiff's request for court‑appointed counsel.
Key quotations
“A civil litigant has no constitutional or statutory right to a court-appointed attorney.”
Factual background
Plaintiff Davis filed a civil action against Spencer D. Gross and Domino's Pizza, LLC. The court dismissed Plaintiff's claims against Gross. Plaintiff then moved for leave to serve Rule 45 subpoenas on the dismissed defendant and on Domino's, sought an extension of time to answer Domino's motion to dismiss, and requested the court appoint counsel because he could not retain an attorney.
Procedural history
The case is before the District Court for the District of Nebraska after the court dismissed Plaintiff's claims against Defendant Gross. Plaintiff subsequently filed four motions seeking subpoenas, an extension of time, and appointment of counsel.