Watson v. Jamsen et al
ORDER DENYING WITHOUT PREJUDICE PLAINTIFF'S 46 Motion to Appoint Counsel - Signed by Magistrate Judge R. Steven Whalen. (CCie)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
District Judge Linda V. Parker
Magistrate Judge R. Steven Whalen
CHARLES JAMSEN, ET AL.,
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 #46].
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
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, 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.
IT IS ORDERED that Plaintiff’s motion for appointment of counsel [Docket #46]
is DENIED WITHOUT PREJUDICE.
s/ R. Steven Whalen
R. STEVEN WHALEN
UNITED STATES MAGISTRATE JUDGE
Dated: December 7, 2017
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document was sent to parties of
record on December 7, 2017, electronically and/or by U.S. mail.
s/Carolyn M. Ciesla
Case Manager to the
Honorable R. Steven Whalen
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