Johnson et al v. Wickersham et al
Filing
39
ORDER denying without prejudice 32 Motion to Appoint Counsel. Signed by Magistrate Judge R. Steven Whalen. (Ciesla, C)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DEONTAY JOHNSON, ET AL.,
Plaintiffs,
No. 13-13672
v.
District Judge Matthew F. Leitman
Magistrate Judge R. Steven Whalen
ANTHONY WICKERSHAM, ET AL.,
Defendants.
/
ORDER DENYING APPOINTMENT OF COUNSEL
Deontay Johnson, a pro se litigant in this civil case, has filed a Motion for
Appointment of Counsel [Doc. #32].
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).
It is the practice of this Court to defer any attempt to obtain counsel for pro se civil
rights Plaintiffs until after motions to dismiss or motions for summary judgment have
been denied. A motion to dismiss [Doc. #17] is presently pending. Plaintiff’s motion to
appoint counsel is premature. If Plaintiff’s claims ultimately survive dispositive motions,
he may renew his motion for appointment of counsel at that time.
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Accordingly, Plaintiff’s motion for appointment of counsel [Doc. #32] is DENIED
WITHOUT PREJUDICE.
IT IS SO ORDERED.
s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: July 1, 2014
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on July 1, 2014, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen
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