Brown v. Haiderer

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DAVID BROWN,

Plaintiff,

Case No. 21-cv-11565

v. Hon. Matthew F. Leitman

DONALD HAIDERER,

Defendants.

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ORDER DENYING PLAINTIFF’S MOTION FOR THE

APPOINTMENT OF COUNSEL WITHOUT PREJUDICE (ECF No. 72)

Plaintiff David Brown is a state prisoner currently in the custody of the

Michigan Department of Corrections. In this civil-rights action, Brown alleges that

he received inadequate medical treatment while he was incarcerated in the Saginaw

Correctional Facility in 2021. (See Compl., ECF No. 1.)

On June 13, 2023, Brown filed a motion for the appointment of counsel. (See

Mot., ECF No. 72.) There is no constitutional right to the appointment of counsel

in civil cases, and the Court has broad discretion in determining whether counsel

should be appointed in such cases. See Childs v. Pellegrin, 822 F.2d 1382, 1384 (6th

Cir. 1987) (“[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.”) (internal quotation omitted).

The Court has carefully reviewed Brown’s motion and concludes that he is

not entitled to the appointment of counsel. Brown has ably represented himself in

this action, and the Court is not persuaded that it is necessary or appropriate to

appoint counsel for Brown at this time .

Accordingly, for the reasons explained above, Brown’s motion for the

appointment of counsel (ECF No. 72) is DENIED WITHOUT PREJUDICE.

IT IS SO ORDERED.

s/Matthew F. Leitman

MATTHEW F. LEITMAN

UNITED STATES DISTRICT JUDGE

Dated: February 5, 2024

I hereby certify that a copy of the foregoing document was served upon the parties

and/or counsel of record on February 5, 2024, by electronic means and/or ordinary

mail.

s/Holly A. Ryan

Case Manager

(313) 234-5126