Brown v. Rivard, 16-11837. (2019)
Court: District Court, E.D. Michigan
Number: infdco20190307b47
Visitors: 6
Filed: Mar. 06, 2019
Latest Update: Mar. 06, 2019
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Before the Court is Plaintiff's motion for appointment of counsel [Docket #52]. 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 pri
Summary: ORDER R. STEVEN WHALEN , Magistrate Judge . Before the Court is Plaintiff's motion for appointment of counsel [Docket #52]. 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 priv..
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ORDER
R. STEVEN WHALEN, Magistrate Judge.
Before the Court is Plaintiff's motion for appointment of counsel [Docket #52]. 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. On February 13, 2019, I filed a Report and Recommendation ("R&R")[Doc. #50], recommending that Defendants' motion for summary judgment [Doc. #42] be denied. If the R&R is adopted, Plaintiff's complaint will be dismissed. At this point, Plaintiff's motion for appointment of counsel is premature. If the Court ultimately rejects the R&R and denies Defendants' motion for summary judgment, he may renew his request for counsel.
Accordingly, Plaintiff's motion for appointment of counsel [Docket #52] is DENIED WITHOUT PREJUDICE.
IT IS SO ORDERED.
Source: Leagle
