Alger v. ECF Dentist ( 2019 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION JOSHUA ALGER, Plaintiff, No. 18-13280 v. District Judge Matthew F. Leitman Magistrate Judge R. Steven Whalen ARMARK, ET AL., Defendants. / ORDER 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 #17]. 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. At this point, some of the Defendants have not yet been served and 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. -1- Accordingly, Plaintiff’s motion to appoint counsel [Doc. #17] is DENIED WITHOUT PREJUDICE. IT IS SO ORDERED. s/R. Steven Whalen R. STEVEN WHALEN UNITED STATES MAGISTRATE JUDGE Dated: September 26, 2019 CERTIFICATE OF SERVICE I hereby certify on September 26, 2019, that I electronically filed the foregoing paper with the Clerk of the Court sending notification of such filing to all counsel registered electronically. I hereby certify that a copy of this paper was mailed to non-registered ECF participants on September 26, 2019. s/Carolyn M. Ciesla Case Manager to Magistrate Judge R. Steven Whalen -2-