Thedford v. St. Clair Shores Police Department et al

Filing 39

ORDER denying 36 Motion to Appoint Counsel ; denying 37 Motion to Appoint Counsel. Signed by District Judge Sean F. Cox. (JMcC)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Rahsaan L. Thedford, Plaintiff, Case No. 12-cv-12366 v. Honorable Sean F. Cox United States District Court Judge St. Clair Shores Police Department, Margaret Eidt, Defendants. ______________________________/ ORDER DENYING MOTIONS FOR APPOINTMENT OF COUNSEL [DOCKET ENTRY NOS. 36–37] In this civil action, pro se Plaintiff Rahsaan Thedford (“Thedford”) filed two Motions for Appointment of Counsel. (Docket Entries No. 36–37.) In his motions, Thedford contends that he has filed this action alleging various violations of his constitutional rights and has received numerous documents from the Defendants, which he does not understand because he is a “layman of law with no form of training in this particular field.” (Docket Entry No. 36, at 2; Docket Entry No. 37, at 2.) The Court finds that the issues have been adequately presented in the parties’ briefs and that oral argument would not significantly aid the decision making process. See Local Rule 7.1(f)(2), U.S. District Court, Eastern District of Michigan. The Court therefore orders that the motion will be decided on the briefs. There is no constitutional right to the appointment of counsel in civil cases and the Court has 1 broad discretion in determining whether counsel should be appointed. Childs v. Pellegrin, 822 F.2d 1382, 1384 (6th Cir. 1987). Typically, the Court appoints counsel in a civil action only under exceptional circumstances and, in any event, only after the claims have survived a dispositive motion. There are no exceptional circumstances in this case that would warrant the appointment of counsel at this time, and Thedford’s claims have not yet been tested by a dispositive motion. Therefore, the Court DENIES Thedford’s request for appointment of counsel without prejudice. IT IS SO ORDERED. Dated: March 13, 2013 S/ Sean F. Cox Sean F. Cox U. S. District Court Judge I hereby certify that on March 13, 2013, the foregoing document was served upon counsel of record by electronic means and upon Rahsaan L. Thedford by First Class Mail at the address below: Rahsaan L Thedford 23693 E. Scott Clinton Township, MI 48036 Dated: March 13, 2013 S/ J. McCoy Case Manager 2

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