Peterson v. Smith ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRADLEY T. PETERSON, Plaintiff, Case No. 18-cv-12838 v. Hon. Matthew F. Leitman RYAN SMITH, et al., Defendants. __________________________________________________________________/ ORDER (1) CONDITIONALLY APPOINTING COUNSEL AND (2) 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 in 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. On January 11, 2023, the Court entered an order referring Peterson’s complaint to the Pro Bono Committee, and counsel was appointed to represent Peterson. (See Order, ECF No. 76.) However, the attorney that was appointed to represent Peterson has now retired, and the Court entered an order terminating his appearance in this case on May 25, 2023. (See Order, ECF No. 91.) As the Court explained when it previously referred this action to the Pro Bono Committee, 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 again REFERRED to the Pro Bono Committee, so that the Committee may appoint Peterson new counsel. 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 while the committee attempts to obtain pro bono counsel. IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: June 15, 2023 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on June 15, 2023, by electronic means and/or ordinary mail. s/Holly A. Ryan Case Manager (313) 234-5126