Weatherspoon v. Dinsa et al

Filing 110

ORDER DENYING PLAINTIFF'S 87 Motion to Appoint Counsel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MORRIS WEATHERSPOON,
#471817,
CIVIL ACTION NO. 14-12756
Plaintiff,
DISTRICT JUDGE LAURIE J. MICHELSON
v.
MAGISTRATE JUDGE R. STEVEN WHALEN
DINSA, et al.,
Defendants.
_________________________________/
ORDER
Plaintiff, proceeding pro se in this civil rights action brought under 42 U.S.C.
§1983, has filed a motion for appointment of counsel [Doc. #87].
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. Because there are such motions pending, Plaintiff’s request for counsel is

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premature. If Plaintiff’s claims ultimately survive dispositive motions, he may renew his
motion for appointment of counsel at that time.
Accordingly, Plaintiff’s motion to appoint counsel [Doc. #87] is DENIED
WITHOUT PREJUDICE.
IT IS SO ORDERED.

s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: September 26, 2016

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record on
September 26, 2016, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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