Dietrich v. 2010-1 CRE MI-Retail, LLC

Filing 20

ORDER DENYING PLAINTIFFS MOTION FOR THE APPOINTMENT OF COUNSEL (#19). Signed by District Judge Gershwin A. Drain. (TBan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
EDGAR J. DIETRICH,
Plaintiff,

Case No. 15-CV-13820
HON. GERSHWIN A. DRAIN

v.

CRE-MI RETAIL, LLC,
Defendant.
_____________________________/
ORDER DENYING PLAINTIFF’S MOTION FOR THE APPOINTMENT
OF COUNSEL (#19)
Plaintiff Edgar J. Dietrich filed the instant action on October 29, 2015. On
November 10, 2015, this Court entered an Order Granting Plaintiff’s Application to
Proceed In Forma Pauperis and Directing the United States Marshal to Serve
Defendant. Presently before the Court is Plaintiff’s Motion to Appoint Counsel, filed
on March 1, 2016.
While Plaintiff is entitled to proceed in this matter without payment of the
filing fee, he is not entitled to the appointment of counsel. The “appointment of
counsel in a civil case is a privilege and not a constitutional right. It should be
allowed in civil actions only in exceptional cases.” Lopez v. Reyes, 692 F. 2d 15, 17

(5th Cir. 1982).
In determining whether exceptional circumstances exist, courts have
examined the type of case and the abilities of the plaintiff to represent
himself. This generally involves a determination of the complexity of
the factual and legal issues involved.
Lavado v. Keohane, 992 F. 2d 601, 605 (6th Cir. 1993) (internal citations and
quotations omitted).
A review of Plaintiff’s present motion demonstrates that he has failed in his
burden showing this is an exceptional case warranting the appointment of counsel.
Plaintiff has been able to file the Complaint raising claims of conversion and abuse
of process, as well as the instant Motion for Appointment of Counsel. Thus, the
complexity of the case does not appear to warrant the appointment of counsel, at least
at this early stage of the proceedings. However, the Court may reconsider whether
appointment of counsel is necessary at a later stage of the instant proceedings.
Accordingly, Plaintiff’s Motion for the Appointment of Counsel [#19] is
DENIED WITHOUT PREJUDICE.
SO ORDERED.

Dated: March 14, 2016
/s/ Gershwin A. Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of
record and on Edgar J. Dietrich at 15832 Windmill
Pointe, Grosse Pointe Park, MI 48230 by
electronic and/or ordinary mail.
/s/ Tanya Bankston
Case Manager