Mahaffey v. Buskirk et al

Filing 70

ORDER DENYING without Prejudice 56 Motion to Appoint Counsel --Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MARK MAHAFFEY,
Plaintiff,
Case No. 13-14646
District Judge John Avern Cohn
Magistrate Judge Anthony P. Patti

v.

JOSHUA BUSKIRK, et al.,
Defendants.
___________________________________/
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S AUGUST 13,
2014 MOTION TO APPOINT COUNSEL (DE 56)
A.

Procedural Background
This matter is before the Court for consideration of Plaintiff’s Motion for

Appointment of Counsel. (DE 56.) Plaintiff, Mark Mahaffey, is a state prisoner
who is proceeding without the assistance of counsel. He filed his Complaint on
November 8, 2013 asserting violations of the Eighth Amendment to the United
States Constitution. During the times relevant to his Complaint, he was
incarcerated at the Michigan Department of Corrections Robert G. Cotton
Correctional facility and the Saginaw Correctional Facility. According to the
docket, he is no longer incarcerated and living in Florida. (DE 69.)

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On July 21, 2014 Plaintiff filed the subject Motion. He contends that he is
unable to afford private counsel, that his imprisonment limits his ability to litigate,
and that the complexity of the case, both before and during trial, requires a greater
knowledge of the law.
Defendants Joshua Buskirk and Harriet Squier oppose Plaintiff’s Motion.
(DE 60.) They assert that Plaintiff has no constitutional or statutory right to the
appointment of counsel in this civil case. Defendants also dispute Plaintiff’s
limited ability to conduct legal research, and point to several of his pleadings in
which he cites to various federal court decisions. Finally, Defendants contend that
Plaintiff has not demonstrated that his claims are sufficiently complex or
meritorious to warrant the appointment of counsel.
B.

Pending Motions
In addition to the instant Motion, the following are currently pending before

the Court: Defendant Laughhunn’s Motion to Dismiss (DE 36); Defendant
Pandaya’s Second Motion for Summary Judgment (DE 46); and Defendants
Buskirk and Squier’s Motion for Summary Judgment. (DE 63.) Additionally,
Plaintiff has been unable to effect service over Defendants F. Hinsley, Sharp, and
Jacob.

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C.

Discussion
For the following reasons, Plaintiff’s Motion for Appointment of Counsel

will be denied. (DE 56.) First, dispositive motion practice is still active in this
case. As noted above, three dispositive motions remain pending before the Court.
In addition, three Defendants have not been served to date and motion practice
could continue for some time.
Second, on several occasions, Plaintiff has illustrated his ability to
adequately communicate his requests to this Court. For example, Plaintiff filed a
motion for extension of time, which was granted by the Court on April 23, 2014.
(DE 26.) He has also filed responses to Defendants’ motions for summary
judgment (DE 57, 58) and objections to the Magistrate Judge’s Report and
Recommendation. (DE 42.)
Finally, as Defendants point out, Plaintiff’s motion practice before the Court
demonstrates that he has access to legal research. He cites to federal cases that are
directly on point in his responses to Defendants’ motions. Moreover, Plaintiff’s
assertion that his incarceration hinders his ability to conduct legal research is moot
because he is no longer incarcerated. On January 26, 2015, he filed a notice of
change of address. The new address is not a prison or other institution of
incarceration.

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D.

Order
Upon consideration, Plaintiff’s Motion for Appointment of Counsel (DE 56)

is DENIED WITHOUT PREJUDICE. Plaintiff may renew his request for the
appointment of counsel if this case survives dispositive motion practice, proceeds
to trial and/or if other circumstances warranting the appointment of counsel arise.
IT IS SO ORDERED.

Dated: February 5, 2015

s/Anthony P. Patti
Anthony P. Patti
UNITED STATES MAGISTRATE JUDGE

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on February 5, 2015, electronically and/or by U.S. Mail.

s/Michael Williams
Case Manager for the
Honorable Anthony P. Patti
[phone]

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