Thompson et al v. Flores

1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
GREGORY THOMPSON, DELORES
THOMPSON, and ERIC THOMPSON,
Plaintiffs,
vs.
ANTHONY FLORES, Current Operator
of Value Priced Auto Phoenicians and
Carbid360,
Defendant.
8:24CV173
ORDER
This matter is before the Court on pro se Defendant Anthony Flores’s Motion
for Court Appointed Counsel. Filing No. 48. A civil litigant has no constitutional or
statutory right to a court-appointed attorney. The Court may, however, make such
an appointment at its discretion. Davis v. Scott, 94 F.3d 444, 447 (8th Cir. 1996).
“District courts may exercise this discretion to appoint counsel not only for indigent
plaintiffs, but also for indigent defendants in civil cases.” Lightfeather v. Woods,
No. 8:21CV115, 2023 WL 3168692, at *2 (D. Neb. Apr. 28, 2023). A litigant must
submit a financial affidavit demonstrating they are indigent before the Court may
appoint counsel. See 28 U.S.C. § 1915. Defendant did not submit a financial
affidavit with his motion.
Accordingly,
IT IS ORDERED:
8:24-cv-00173-JMG-JMD Doc # 49 Filed: 11/04/25 Page 1 of 2 - Page ID #
<pageID>

2
1) Defendant’s Motion for Court Appointed Counsel, Filing No. 48, is
denied without prejudice.
2) The Clerk of the Court is directed to mail Defendant a blank
Application to Proceed in District Court Without Prepaying Fees or
Costs (Form AO 240).
3) Any renewed motion for the appointment of counsel must be filed or
postmarked on or before November 21, 2025, and must include a
completed financial affidavit (Form AO 240).1
Dated this 4th day of November, 2025.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
1 Defendant may cross out “plaintiff or petitioner” in the first sentence of the affidavit and input “defendant,”
so the first sentence reads, “I am a defendant plaintiff or petitioner in this case and declare that I am unable
to pay the costs of these proceedings and that I am entitled to the relief requested.”
8:24-cv-00173-JMG-JMD Doc # 49 Filed: 11/04/25 Page 2 of 2 - Page ID #
<pageID>