Peterson v. Smith ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRADLEY T. PETERSON, Plaintiff, Case No. 18-cv-12838 Hon. Matthew F. Leitman v. RYAN SMITH, Defendant. __________________________________________________________________/ ORDER (1) CONDITIONALLY APPOINTING COUNSEL, (2) DENYING PLAINTIFF’S MOTION TO SET TRIAL DATE (ECF No. 74) WITHOUT PREJUDICE, AND (3) STAYING CASE In this action, Plaintiff Bradley T. Peterson, appearing pro se, brings an excessive force claim against Defendant Ryan Smith, a police officer with the City of Woodhaven Police Department. (See Compl., ECF No. 1.) The case is now set for trial. (See Certificate of Completion, ECF No. 74.) Unlike criminal cases, there is no constitutional or statutory right to the appointment of counsel in civil cases. See Lavado v. Keohane, 992 F.2d 601, 605- 606 (6th Cir. 1993). However, this district has a procedure in which cases are referred to a Pro Bono Committee that requests members of the bar to assist in appropriate cases. This Court believes that Peterson would benefit from the assistance of appointed pro bono counsel for the purposes of assisting him at trial. Accordingly, this case is REFERRED to the Pro Bono Committee. Peterson is conditionally granted appointment of counsel provided that the committee is successful in enlisting pro bono counsel. The Court will also STAY this action for a period of 28 days while the committee attempts to obtain pro bono counsel. If pro bono counsel is not obtained within 28 days, the stay will be lifted, counsel will not be appointed, and Peterson will need to proceed pro se at trial if he cannot retain counsel at his own expense. Finally, now pending before the Court is Peterson’s motion to set a trial date. (See Mot., ECF No. 74.) The Court DENIES that motion WITHOUT PREJUDICE. Upon the completion of the Pro Bono Committee’s efforts to find trial counsel for Peterson, the Court will promptly set a status conference with all parties to set a mutually convenient trial date. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: January 11, 2023 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on January 11, 2023, by electronic means and/or ordinary mail. s/Holly A. Ryan Case Manager (313) 234-5126