Bennett v. MDOC et al

Filing 16

ORDER DENYING PLAINTIFF'S 9 Motion to Appoint Counsel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

CARL BENNET,

No. 15-14465

Plaintiff,
v.

District Judge Matthew F. Leitman
Magistrate Judge R. Steven Whalen

MICHIGAN DEPARTMENT
OF CORRECTIONS, ET AL.,
Defendants.

/
ORDER DENYING MOTION FOR COUNSEL
Plaintiff, a pro se litigant in this civil rights action brought under 42 U.S.C. §1983,
has filed a motion for appointment of counsel [Dock. #9].
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 present, dispositive motions have not yet been decided or even filed. Plaintiff’s

request for counsel is thus premature.
Accordingly, Plaintiffs’ Motion to Appoint Counsel [Dock. #9] is DENIED
WITHOUT PREJUDICE.
IT IS SO ORDERED.

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Date: May 5, 2016

CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of record on
May 5, 2016, electronically and/or by U.S. mail.

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