Allstate Fire and Casualty Insurance Company v. Novosad et al

Filing 67

ORDER DENYING PLAINTIFF'S 59 Motion to Appoint Counsel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ALLSTATE FIRE AND CASUALTY
INSURANCE COMPANY,
Plaintiff,

No. 16-12481

v.

District Judge Mark A. Goldsmith
Magistrate Judge R. Steven Whalen

CHRISTOPHER NOVOSAD, ET AL.,
Defendants.
/
ORDER
Defendant Christopher Novosad, who is appearing pro se in this matter, has moved
for the appointment of counsel [Doc. #59].
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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It is the practice of this Court to defer any attempt to obtain counsel for pro se civil
parties until after motions to dismiss or motions for summary judgment have been
decided. I have filed a Report and Recommendation, recommending that Plaintiff
Allstate Fire and Casualty Insurance Company’s motion for summary judgment be
granted, and that Defendant’s motion for summary judgment be denied. Defendant’s
request is premature at this time. If the Court ultimately denies Plaintiff’s summary
judgment motion, Defendant may renew his request for counsel at that time.
Defendant’s motion for appointment of counsel [Doc. #59] is therefore DENIED
WITHOUT PREJUDICE.
IT IS SO ORDERED.

Dated: July 26, 2018

s/R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE

CERTIFICATE OF SERVICE
I hereby certify on July 26, 2018 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 26, 2018.

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

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