Malibu Media, LLC v. John Doe subscriber assigned IP address 69.137.208.59

Filing 15

ORDER DENYING without prejudice. Defendant's 13 Request filed by Amer Araj--Signed by Magistrate Judge Anthony P. Patti. (MWil)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
MALIBU MEDIA, LLC,
Plaintiff,
v.

Case No. 2:15-cv-10298
District Judge Gerald E. Rosen
Magistrate Judge Anthony P. Patti

AMER ARAJ,
Defendant.
___________________________________/
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF’S REQUEST
FOR APPOINTMENT OF COUNSEL (DE 13)
This matter is before the Court for consideration of Defendant Amer Araj’s
request for appointment of a public defender. (DE 13.) For the reasons that
follow, Defendant’s motion is DENIED WITHOUT PREJUDICE.
I.

BACKGROUND AND ANALYSIS
This is a copyright infringement case, in which Plaintiff alleges that

Defendant used the BitTorrent file distribution network to copy and distribute
twenty-two pieces of copyrighted work. To date, Defendant has proceeded pro se
in this action. He filed the instant request on June 30, 2015, stating only that he
“would like to request a court appointed public defender, as I cannot afford one.”
(DE 13.)

II.

ANALYSIS
Although Defendant styles his motion as one for appointment of counsel,

the Court does not have the authority to appoint a private attorney (or a public
defender) for Plaintiff in this civil matter. Dewitt v. Corizon, 760 F.3d 654, 657
(6th Cir. 2014) (“[t]here is no right to recruitment of counsel in federal civil
litigation . . . .”). The Supreme Court has held that there is a presumption that “an
indigent litigant has a right to appointed counsel only when, if he loses, he may be
deprived of his physical liberty.” Lassiter v. Dep’t of Soc. Servs., 452 U.S. 18, 2627 (1981).
Applying the foregoing authority, Defendant has not described any
circumstances to justify a request for appointment of counsel. Accordingly, at this
time, Defendant’s motion to appoint counsel is DENIED WITHOUT
PREJUDICE. (DE 13.) Defendant may petition the Court for the recruitment of
pro bono counsel if this case survives dispositive motion practice, proceeds to
trial, or if other circumstances demonstrate such a need in the future.
IT IS SO ORDERED.

Dated: June 30, 2015

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

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I hereby certify that a copy of the foregoing document was sent to parties of record
on June 30, 2015, electronically and/or by U.S. Mail.
s/ Michael Williams
Case Manager to the
Honorable Anthony P. Patti

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