Horton v. Greene

Filing 62

ORDER (1) Conditionally Appointing Counsel and (2) Staying Case. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RASON HORTON,
Plaintiff,

Case No. 16-cv-12715
Hon. Matthew F. Leitman

v.
PAMELA GREENE,
Defendant.
__________________________________________________________________/
ORDER (1) CONDITIONALLY APPOINTING
COUNSEL AND (2) STAYING CASE
Plaintiff Rason Horton is a state prisoner currently confined at the Carson City
Correctional Facility in Carson City, Michigan. Horton, proceeding pro se, brings
this action under 42 U.S.C. §1983 against Defendant Pamela Greene. All dispositive
motions have been filed and decided. Only one claim remains: Horton’s First
Amendment retaliation claim based on Horton’s oral grievances to Greene’s
supervisors on August 29, 2014, and September 1, 2014. (See Order, ECF #60 at Pg.
ID 494.)
Unlike criminal cases, there is no constitutional or statutory right to the
appointment of counsel in civil cases. See Lavado v. Keohane, 992 F.2d 601, 605606 (6th Cir. 1993). However, this district has a procedure in which cases are
referred to a Pro Bono Committee that requests members of the bar to assist in

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appropriate cases. This Court believes Horton would benefit from the assistance of
appointed pro bono counsel to try this case.
Accordingly, this case is referred to the Pro Bono Committee. Horton is
conditionally granted appointment of counsel provided that the committee is
successful in enlisting pro bono counsel. If the committee is unsuccessful, counsel
will not be appointed and Horton will proceed pro se or retain counsel at his own
expense.
In the interim, and until such time as the Pro Bono committee either appoints
counsel or determines that counsel cannot be appointed, this case is STAYED.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: June 5, 2019
I hereby certify that a copy of the foregoing document was served upon the
parties and/or counsel of record on June 5, 2019, by electronic means and/or
ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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