Cairns v. Kozel, 8:20-cv-00162

Plaintiff Michael L. Cairns, an inmate at the Omaha Correctional Center, faces a pending motion for summary judgment filed by Defendant James Kozel.
Plaintiff filed a motion for a 30-day extension to respond to the summary-judgment motion; the original response deadline was June 16, 2021.
Plaintiff also filed a renewed motion for appointment of counsel, asserting limited law-library access and a lifelong learning disability; he attached school records showing a 1994 high-school graduation.
Defendant’s summary-judgment filing does not contest Plaintiff’s factual allegations and relies on Defendant’s affidavit, arguing Plaintiff must produce a countervailing expert opinion to avoid summary judgment.
The court granted the 30-day extension (new deadline July 16, 2021) and denied the renewed request for appointed counsel without prejudice, finding counsel not indicated under the applicable discretionary standards.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Extension of time to respond to summary judgment	Requests 30-day extension to prepare response	No opposition stated in the record	Granted; new deadline July 16, 2021
Appointment of counsel under 28 U.S.C. §1915(e)(1)	Needs counsel due to limited library access and learning disability	Not specifically argued	Denied without prejudice; court found case not legally/factually complex and plaintiff capable of presenting claims

Phillips v. Jasper Cty. Jail, 437 F.3d 791 (8th Cir.) (no constitutional right to appointed counsel in civil cases)
Chambers v. Pennycook, 641 F.3d 898 (8th Cir.) (district court has broad discretion to request counsel for indigent civil litigants)
Davis v. Scott, 94 F.3d 444 (8th Cir.) (factors for appointing counsel include factual/legal complexity, plaintiff’s ability to investigate and present claims, and presence of conflicting testimony)
Patterson v. Kelley, 902 F.3d 845 (8th Cir.) (noting most indigent prisoners face similar challenges representing themselves)