Farr v. Winn

Filing 7

ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S 3 Motion to Appoint Counsel - Signed by Magistrate Judge R. Steven Whalen. (CCie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TOMMY LEE FARR,
Plaintiff,

No. 18-11092

v.

District Judge Stephen J. Murphy
Magistrate Judge R. Steven Whalen

O.T. WINN, ET AL.,
Defendants.
/
ORDER
Plaintiff, a pro se prison inmate in this civil rights action brought under 42 U.S.C.
§1983, has filed a motion for appointment of counsel [Docket #3].
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 point, the Defendants have not yet been served, and Plaintiff’s
motion to appoint counsel is premature. If Plaintiff’s claims ultimately survive
dispositive motions, he may renew his motion for appointment of counsel at that time.

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Accordingly,
IT IS ORDERED that Plaintiff’s motion for appointment of counsel [Docket #3]
is DENIED WITHOUT PREJUDICE.
Dated: June 6, 2018

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

CERTIFICATE OF SERVICE
I hereby certify on June 6, 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
June 6, 2018.
s/Carolyn M. Ciesla
Case Manager for the
Honorable R. Steven Whalen

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