Anderson v. Jutzy et al

Filing 57

ORDER DENYING PLAINTIFF'S 46 Motion to Appoint Counsel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ROBERT ANDERSON,
CIVIL ACTION NO. 15-11727
Plaintiff,
DISTRICT JUDGE DAVID M. LAWSON
v.
MAGISTRATE JUDGE R. STEVEN WHALEN
KEVIN ALLEN JUTZY, M.D.,
RAUL TUMADA, P.A., BADAWI
ABELLATIF, M.D., and ANGELA
VATRINO,
Defendants.
_________________________________/

ORDER DENYING MOTION TO APPOINT COUNSEL
Plaintiff, a pro se prison inmate, has filed a civil rights complaint under 42 U.S.C. §
1983. Before the Court is his motion to appoint counsel [Doc. #46].
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).

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In this case, all Defendants except Kevin Allen Jutzy (who has not been served) have
been dismissed, and as to Dr. Jutzy, I have filed a Report and Recommendation that he be
dismissed under Fed.R.Civ.P. 4(m) because he has not been timely served. There is no basis
to appoint pro bono counsel.
Plaintiff’s motion to appoint counsel [Doc. #46] is therefore DENIED.
IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: July 25, 2017

CERTIFICATE OF SERVICE
I hereby certify on July 25, 2017, that I electronically filed the foregoing paper
with the Clerk of the Court sending notification of such filing to all counsel registered
electronically. I hereby certify that a copy of this paper was mailed to non-registered ECF
participants on July 25, 2017.

s/Carolyn Ciesla
Case Manager to
Magistrate Judge R. Steven Whalen

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