Martin v. Secretary of Health and Human Services

Filing 6

ORDER Denying 4 Application for Appointment of Counsel filed by Edward Z Martin. Signed by Magistrate Judge R. Steven Whalen. (GWil)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION EDWARD MARTIN, No. 10-11979 Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER DENYING APPOINTMENT OF COUNSEL Before the Court is Plaintiff's Application for Appointment of Counsel [Docket #4]. Unlike criminal cases, there is no constitutional or statutory right to the appointment of counsel in civil cases. Rather, the Court requests members of the bar to assist in appropriate cases. In Lavado v. Keohane, 992 F.2d 601, 605-606 (6th Cir. 1993), the Sixth Circuit noted that "[a]ppointment of counsel in a civil case is not a constitutional right. It is a privilege that is justified only by exceptional circumstances." (Internal quotations and citations omitted). In this case, Plaintiff has not shown exceptional circumstances that would merit the appointment of counsel. Accordingly, his Application for Appointment of Counsel [Docket #4] is DENIED. SO ORDERED.
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District Judge Arthur J. Tarnow Magistrate Judge R. Steven Whalen

S/R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE Dated: June 2, 2010 CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing order was served on the attorneys and/or parties of record by electronic means or U.S. Mail on June 2, 2010. S/G. Wilson Judicial Assistant

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