Bennett v. Kandulski et al
Filing
20
ORDER DENYING PLAINTIFF'S 19 Motion to Appoint Counsel. Signed by Magistrate Judge R. Steven Whalen. (CCie)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAVID TODD BENNET, SR.,
No. 14-14628
Plaintiff
v.
District Judge Paul D. Borman
Magistrate Judge R. Steven Whalen
ADAM KANDULSKI, M.D., ET AL.,
Defendants.
/
ORDER DENYING MOTION FOR COUNSEL
Plaintiff, a pro se litigant in this civil rights action brought under 42 U.S.C. §1983,
has filed a motion for appointment of counsel [Dock. #19].
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. Defendants’ motion for dismissal pursuant to Fed. R. Civ. P. 12(b) [Dock. #14] is
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currently pending. At this stage of the proceedings, Plaintiff’s request for counsel is
premature.
Accordingly, Plaintiffs’ Motion to Appoint Counsel [Dock. #19] is DENIED
WITHOUT PREJUDICE.
IT IS SO ORDERED.
s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: June 8, 2015
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on June 8, 2015, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen
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