Stanciel v. Potter
ORDER denying 9 Motion for Reconsideration re 4 Order on Petition/Request/Application filed by Milton Stanciel. Signed by District Judge Patrick J. Duggan. (MOre)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
Case No. 11-11512
Honorable Patrick J. Duggan
PATRICK DONOHUE, POSTMASTER
GENERAL OF THE UNITED STATES,
ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION OF
MOTION FOR APPOINTMENT OF COUNSEL
On April 8, 2011, Plaintiff filed this pro se civil rights action against Defendant.
On the same date, Plaintiff filed applications to proceed in forma pauperis, for service by
the United States Marshal, and for appointment of counsel. Plaintiff has been granted
leave to proceed in forma pauperis and for service by the U.S. Marshal. The Court,
however, denied his request for appointment of counsel.
“Appointment of counsel in a civil case is not a constitutional right. . . . It is a
privilege that is justified only by exceptional circumstances. . . .” Lavado v. Keohane, 992
F.2d 601, 605-06 (6th Cir. 1993) (quotation marks and internal citations omitted).
Whether such circumstances exist depends upon “the type of case and the abilities of the
plaintiff to represent himself [or herself]. . . . This generally involves a determination of
the complexity of the factual and legal issues involved.” Id. at 606 (internal quotation
marks and citations omitted). It is not appropriate for a court to appoint counsel pursuant
to 28 U.S.C. § 1915(d) for a litigant proceeding in forma pauperis when the litigant’s
claims are frivolous or “the chances of success are extremely slim.” Id. (quoting Mars v.
Hanberry, 752 F.2d 254, 256 (6th Cir. 1985).
At this stage of the proceedings, it does not appear that exceptional circumstances
warrant the appointment of counsel for Plaintiff. The facts and legal issues do not appear
complex and Plaintiff appears capable of representing himself. It is too early for this
Court to assess whether Plaintiff’s claims are frivolous or the chances of his claims
succeeding. Therefore, Plaintiff’s Motion for Reconsideration of Motion for
appointment of counsel is DENIED.
s/PATRICK J. DUGGAN
UNITED STATES DISTRICT JUDGE
Detroit, MI 48214
Laura Sagolla, A.U.S.A.
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