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)

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).

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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
[phone]

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