Smith v. Doyle

Filing 16

ORDER GRANTING PLAINTIFF'S 8 Motion for Leave to File AND DENYING PLAINTIFF'S 10 Motion to Appoint Counsel. Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JACK SMITH,
CIVIL ACTION NO. 15-10090
Plaintiff,
DISTRICT JUDGE ROBERT H. CLELAND
v.
MAGISTRATE JUDGE R. STEVEN WHALEN
MR. DOYLE,
Defendant.
_________________________________/

ORDER GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE A
SUPPLEMENTAL COMPLAINT [Dock. #8] AND DENYING PLAINTIFF’S
MOTION FOR APPOINTMENT OF COUNSEL [Dock. #10]

Plaintiff, a Michigan Department of Corrections (“MDOC”) prisoner, filed suit on
January 5, 2015, alleging violations of his civil rights under 42 U.S.C. 1983. On March 12,
2015, he sought leave to file a supplemental complaint pursuant to Fed. R. Civ. P. 15(a)(2).
Rule 15(a)(2) provides that “[t]he court should freely give leave when justice so requires.”
The sole current Defendant in this case has not yet been served. Further, the proposed
amended complaint is not futile. Therefore, the Court will grant Plaintiff’s motion.
In contrast, Plaintiff’s motion for appointment of counsel will be denied. 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. As of now, Defendant has not yet been served. At this stage of the proceedings,
Plaintiff’s request for counsel is premature.
Accordingly, Plaintiff’s Motion for Leave to File a Supplemental Complaint [Dock.
#8] is GRANTED. Plaintiff’s Motion to Appoint Counsel [Dock. #10] is DENIED
WITHOUT PREJUDICE.

IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: December 28, 2015

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record
on December 28, 2015, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager