Redd v. Vails et al

Filing 77

ORDER DENYING PLAINTIFF'S 76 Motion to Appoint Counsel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

PARRISH REDD,
Plaintiff,

No. 14-14340

v.

District Judge Marianne O. Battani
Magistrate Judge R. Steven Whalen

TERRANCE VAILS, ET AL.,
Defendants.
/
ORDER
Plaintiff Parrish Redd, having filed a pro se civil complaint, now moves for
appointment of pro bono counsel [Doc. #76].
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
Plaintiffs until after motions to dismiss or motions for summary judgment have been
denied. Under this Court’s scheduling order, motions to dismiss under Fed.R.Civ.P. 12(c)
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are not due until June 20, 2016, and motions for summary judgment are not due until
January 6, 2017. At this point, 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.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for appointment of counsel [Docket #76]
is DENIED WITHOUT PREJUDICE.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Date: May 19, 2016

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record on
May 19, 2016, electronically and/or by U.S. mail.

s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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