Crowell v. Abdellatif et al

Filing 33

ORDER DENYING PLAINTIFF'S 23 Motion to Appoint Counsel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

RICHARD CROWELL,
Plaintiff,
Case No. 15-13825
District Judge Arthur J. Tarnow
Magistrate Judge R. Steven Whalen

v.
BADAWI ABDELLATIF,
Defendant.
___________________________________/

ORDER
Plaintiff Richard Crowell, who is proceeding in this prisoner civil rights case pro
se, has filed a motion for appointment of counsel [Doc. #23].
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. At this stage of the proceedings, Plaintiffs’ request for counsel is premature.
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Accordingly, Plaintiffs’ Motion to Appoint Counsel [Docket #23] is DENIED
WITHOUT PREJUDICE.
IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Date: September 27, 2016

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record on
September 27, 2016, electronically and/or by U.S. mail.

s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen

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