Opinion
CIVIL ACTION NO. 12-11880
06-15-2012
EDWARD VAN HORN, #49115-019, Plaintiff, v. JAMES WALTON, et al., Defendants.
DISTRICT JUDGE GEORGE CARAM STEEH
MAGISTRATE JUDGE MARK A. RANDON
ORDER DENYING PLAINTIFF'S MOTION
FOR APPOINTMENT OF COUNSEL WITHOUT PREJUDICE
The plaintiff, who is proceeding pro se, has filed a motion for appointment of counsel. "[A]ppointment of counsel in a civil case is . . . a matter within the discretion of the court. It is a privilege and not a right." Childs v. Pellegrin, 822 F.2d 1382, 1384 (6th Cir. 1987)(quoting United States v. Madden, 352 F.2d 792, 793 (9th Cir. 1965)); see also Hoggard v. Purkett, 29 F.3d 469, 471 (8th cir. 1994) ("In exercising its discretion, the district court should consider the legal complexity of the case, the factual complexity of the case, and the [plaintiff's] ability to investigate and present his claims, along with any other relevant factors.")
In this case, the interests of justice do not require appointment of counsel at this time. Accordingly, it is ORDERED that the plaintiff's motion for appointment of counsel is DENIED WITHOUT PREJUDICE.
____________________________
MARK A. RANDON
UNITED STATES MAGISTRATE JUDGE
Certificate of Service
I hereby certify that a copy of the foregoing document was served on the parties of record on this date, June 15, 2012, electronically.
Melody R. Miles
Case Manager to Magistrate Judge Mark A. Randon