Brown v. Haider et al

Filing 88

ORDER Denying Plaintiff's 72 Motion for the Appointment of Counsel Without Prejudice. Signed by District Judge Matthew F. Leitman. (HRya)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DAVID BROWN, Plaintiff, Case No. 21-cv-11565 Hon. Matthew F. Leitman v. DONALD HAIDERER, Defendants. __________________________________________________________________/ ORDER DENYING PLAINTIFF’S MOTION FOR THE APPOINTMENT OF COUNSEL WITHOUT PREJUDICE (ECF No. 72) Plaintiff David Brown is a state prisoner currently in the custody of the Michigan Department of Corrections. In this civil-rights action, Brown alleges that he received inadequate medical treatment while he was incarcerated in the Saginaw Correctional Facility in 2021. (See Compl., ECF No. 1.) On June 13, 2023, Brown filed a motion for the appointment of counsel. (See Mot., ECF No. 72.) There is no constitutional right to the appointment of counsel in civil cases, and the Court has broad discretion in determining whether counsel should be appointed in such cases. See Childs v. Pellegrin, 822 F.2d 1382, 1384 (6th Cir. 1987) (“[A]ppointment of counsel in a civil case is ... a matter within the discretion of the court. It is a privilege and not a right.”) (internal quotation omitted). 1 The Court has carefully reviewed Brown’s motion and concludes that he is not entitled to the appointment of counsel. Brown has ably represented himself in this action, and the Court is not persuaded that it is necessary or appropriate to appoint counsel for Brown at this time . Accordingly, for the reasons explained above, Brown’s motion for the appointment of counsel (ECF No. 72) is DENIED WITHOUT PREJUDICE. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: February 5, 2024 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on February 5, 2024, by electronic means and/or ordinary mail. s/Holly A. Ryan Case Manager (313) 234-5126 2

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