Washington v. Hutchinson et al

Filing 29

ORDER denying without prejudice 3 Motion to Appoint Counsel. Signed by Magistrate Judge R. Steven Whalen. (GWil)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CLARENCE WASHINGTON, Plaintiff, v. CRAIG HUTCHISON, ET.AL., Defendants. / No. 08-12787 District Judge John Corbett O'Meara Magistrate Judge R. Steven Whalen

ORDER DENYING APPOINTMENT OF COUNSEL Plaintiff, a pro se prison inmate in this civil rights action, 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. A motion to dismiss is presently pending [Docket #22]. 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. Accordingly, IT IS HEREBY ORDERED that Plaintiff's motion for appointment of counsel
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[Docket #53] is DENIED WITHOUT PREJUDICE.

S/R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE Dated: November 26, 2008 CERTIFICATE OF SERVICE The undersigned certifies that a copy of the foregoing order was served on the attorneys and/or parties of record by electronic means or U.S. Mail on November 26, 2008. S/G. Wilson Judicial Assistant

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