Quinn v. Social Security, Commissioner of ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION HELEN MARIE QUINN, Plaintiff, Case No. 1:22-cv-12558 v. Honorable Thomas L. Ludington United States District Judge KILOLO KIJAKAZI, Acting Commissioner of Social Security, Honorable Curtis Ivy, Jr. United States Magistrate Judge Defendant. ________________________________________/ ORDER ADOPTING REPORT AND RECOMMENDATION, DENYING APPELLANT’S MOTION TO APPOINT COUNSEL, AND DISMISSING CASE On June 6, 2023, Magistrate Judge Curtis Ivy, Jr., issued a report recommending that the case be dismissed for failure to prosecute. ECF No. 21. Judge Ivy provided 14 days to object, but the parties did not do so.1 They have therefore forfeited their right to appeal Judge Ivy’s findings. See Berkshire v. Dahl, 928 F.3d 520, 530–31 (6th Cir. 2019) (citing Thomas v. Arn, 474 U.S. 140, 149 (1985)). There is no clear error in the report. Accordingly, it is ORDERED that Judge Ivy’s Report and Recommendation, ECF No. 21, is ADOPTED, that Plaintiff’s Motion to Appoint Counsel, ECF No. 22, is DENIED, and that the above-captioned case is DISMISSED WITHOUT PREJUDICE under Civil Rule 41(b). Dated: June 27, 2023 s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge 1 On June 1, 2023, Plaintiff filed a motion for court-appointed counsel because no retained counsel would accept her case. ECF No. 22. But a civil litigant has no constitutional right to the appointment of counsel, and such an appointment is justified only in “exceptional circumstances.” Lavado v. Keohane, 992 F.2d 601, 606 (6th Cir. 1993). While it is unfortunate that Plaintiff has encountered challenges in securing willing counsel, it is a fairly common circumstance.