Jenkins v. Boyles

Full title: VAN JENKINS, Plaintiff, v. AMBER L. BOYLES, et. al., Defendants

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Jan 3, 2008

CIVIL ACTION NO. 07-13860 (E.D. Mich. Jan. 3, 2008)

Opinion

CIVIL ACTION NO. 07-13860.

January 3, 2008

ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL

MONA MAJZOUB, Magistrate Judge

Before this Court is Plaintiff's Application for Appointment of Counsel. This Case was referred to the undersigned on November 19, 2007 for All Pretrial Proceedings. Plaintiff's Application for Appointment of Counsel is before the Court.

The Constitution of the United States does not require the automatic appointment of counsel for indigents in civil cases. Appointment of counsel in a civil proceeding is not a constitutional right and is justified only in exceptional circumstances. Lanier v Bryant, 332 F.2d 999, 1006 (6^th Cir. 2003); Lavado v Keohane, 992 F.2d 601, 605-6 (6^th Cir 1993). To determine whether exceptional circumstances justifying the appointment of counsel exists, courts consider the type of case and the ability of the plaintiff to represent himself. Lanier, 332 F.2d at 1006.

The Court declines to exercise its discretion to appoint counsel because Plaintiff's case is not exceptionally complex, and Plaintiff does not appear to be impaired in a way that prevents him from prosecuting his own case adequately.

The Court notes Plaintiff is not without options for retaining counsel. Moreover, Plaintiff may be able to acquire free legal services from one of a number of Legal Aid organizations in Michigan.

Plaintiff's Motion For Appointment of Counsel is DENIED without prejudice.

IT IS SO ORDERED.

Pursuant to Fed.R.Civ.P. 72(a), the parties have a period of ten days from the date of this Order within which to file any written appeal to the District Judge as may be permissible under 28 U.S.C. 636(b)(1).