Williams v. Liberty Park of America et al

Filing 32

ORDER denying defendants' Motion to order plaintiff to post Bond 27 ; granting plaintiff's motion for pauper status 28 and denying plaintiff's Motion to Appoint Counsel 31 Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DEANO WILLIAMS,
Plaintiff,
Case No. 16-CV-10940
vs.
HON. GEORGE CARAM STEEH
LIBERTY PARK OF AMERICA,
THE DUGOUT and MARY ZOLNO,
Defendants.
_____________________________/

ORDER DENYING DEFENDANTS’ MOTION TO ORDER
PLAINTIFF TO POST BOND [DOC. 27], GRANTING PLAINTIFF’S
MOTION FOR PAUPER STATUS [DOC. 28] AND DENYING
PLAINTIFF’S MOTION FOR APPOINTMENT OF COUNSEL [DOC. 31]
Plaintiff Deano Williams filed a civil rights case against his employer
under Title VII of the Civil Rights Act of 1964 and the Michigan Elliot-Larsen
Civil Rights Act. His complaint alleged racial discrimination, harassment
and retaliation by defendants Liberty Park of America, the Dugout and Mary
Zolno. The court granted defendants’ motion for summary judgment on
July 18, 2017. Plaintiff filed a notice of appeal on August 16, 2017. Now
pending before the court are defendants’ motion to order plaintiff to post
bond for costs, plaintiff’s motion for pauper status and plaintiff’s motion for
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appointment of counsel. The court has read the papers filed by the parties
and has determined that it would not be further aided by oral argument.
Based on the information in plaintiff’s financial affidavit, the court is
persuaded that plaintiff qualifies for pauper status in his appeal. While the
court has the discretion and authority to order a plaintiff to file a bond for
defendant’s attorney fees and other litigation expenses that will be incurred
in having to defend an appeal, the court does not find that a bond is
warranted in this case. Requiring plaintiff to file a bond for $5,000, as
requested, or even for a lesser amount, would be tantamount to taking
away his right to appeal. The court does not find that an appeal in this
case is so obviously frivolous and unlikely to succeed that it should order
plaintiff to file a bond. Finally, plaintiff requests that the court appoint an
attorney to represent him in pursuing his appeal. The court does not have
the resources to provide counsel to plaintiff and cannot grant his request.
Now, therefore,
IT IS HEREBY ORDERED that defendants’ motion to order plaintiff to
post bond for costs is DENIED (Doc. 27).
IT IS HEREBY FURTHER ORDERED that plaintiff’s motion for
pauper status is GRANTED (Doc. 28).

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IT IS HEREBY FURTHER ORDERED that plaintiff’s motion for
appointment of counsel is DENIED (Doc. 31).
So ordered.
Dated: October 11, 2017
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
October 11, 2017, by electronic and/or ordinary mail and also
on Deano Williams, 24695 Luisa Drive, #137,
Harrison Township, MI 48045.
s/Barbara Radke
Deputy Clerk

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