Bills et al v. Klee

Filing 138

ORDER (1) Conditionally Appointing Counsel and (2) Staying Case for Period of 120 Days. Signed by District Judge Matthew F. Leitman. (HRya)

Case 2:15-cv-11414-MFL-DRG ECF No. 138, PageID.1513 Filed 07/06/23 Page 1 of 2

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RICKEY BILLS,
Plaintiff,
Case No. 15-cv-11414
Hon. Matthew F. Leitman

v.
PAUL KLEE, et al.

Defendant.
__________________________________________________________________/
ORDER (1) CONDITIONALLY APPOINTING COUNSEL AND
(2) STAYING CASE FOR PERIOD OF 120 DAYS
Plaintiff Rickey Bills is a state inmate in the custody of the Michigan
Department of Corrections (the “MDOC”). In this prisoner civil-rights action, Bills
alleges that certain employees of the MDOC violated his constitutional rights. More
specifically, Bills claims that Defendants Renee Diver and Vaughn Stewart
intentionally interfered with his access to the courts. The case is now ready for trial.
(See Certificate of Completion, ECF No. 127.)
Unlike criminal cases, there is no constitutional or statutory right to the
appointment of counsel in civil cases. See Lavado v. Keohane, 992 F.2d 601, 605606 (6th Cir. 1993). However, this district has a procedure in which cases are
referred to a Pro Bono Committee that requests members of the bar to assist in

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Case 2:15-cv-11414-MFL-DRG ECF No. 138, PageID.1514 Filed 07/06/23 Page 2 of 2

appropriate cases. This Court believes that Bills would benefit from the assistance
of appointed pro bono counsel for the purposes of assisting him at trial.
Accordingly, this case is REFERRED to the Pro Bono Committee. Bills is
conditionally granted appointment of counsel provided that the committee is
successful in enlisting pro bono counsel. The Court will also STAY this action for
a period of 120 days while the committee attempts to obtain pro bono counsel. If
pro bono counsel is not obtained within 120 days, the stay will be lifted, counsel will
not be appointed, and Bills will need to proceed pro se at trial if he cannot retain
counsel at his own expense.
Upon the completion of the Pro Bono Committee’s efforts to find trial counsel
for Bills, the Court will promptly set a status conference with all parties to set a
mutually convenient trial date.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: July 6, 2023
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on July 6, 2023, by electronic means and/or
ordinary mail.
s/Holly A. Ryan
Case Manager
[phone]

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