UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTICT OF MICHIGAN

SOUTHERN DIVISION

MICHAEL SALAMI,

Plaintiff, Civil Action No.: 15-12248

Honorable Terrence G. Berg

v. Magistrate Judge Elizabeth A. Stafford

 

DEPUTY CLEMENTS, et al., 

Defendants. 

__________________________________/

ORDER DENYING PLAINTIFF’S MOTIONS TO APPOINT

COUNSEL WITHOUT PREJUDICE [R. 3, 10, 14, 15]

Plaintiff Michael Salami, a prisoner proceeding pro se, moves for 

appointment of counsel. [R. 3, 10, 14, 15]. Salami’s original complaint 

alleged claims against certain Macomb County Jail officials, Correct Care 

Solutions (“CCS”), the Macomb County Jail and Sheriff Anthony 

Wickersham. He moved to amend his complaint to dismiss his claims 

against Wickersham and the Jail, and add defendant Macomb County, and 

the Court granted the motion. Salami now seeks appointment of counsel, 

arguing that he is unable to afford counsel, that he has limited access to 

the law library, and because his mail to legal organizations is being 

restricted.

Pursuant to 28 U.S.C. § 1915(e)(1), “[t]he court may request an 

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attorney to represent any person unable to afford counsel.” Appointment of 

counsel under § 1915(e)(1) is not a constitutional right in a civil action; a 

district court is vested with broad discretion to determine whether 

“exceptional circumstances” warrant such an appointment. Lavado v. 

Keohane, 992 F.2d 601, 604-06 (6th Cir. 1993). In making this 

determination, the Court considers the nature of the case, the party’s ability 

to represent himself, the complexity of the legal and factual issues, and 

whether the claims being presented are frivolous or have a small likelihood 

of success. Id. Appointment of counsel pursuant to § 1915(e)(1) is rare 

because “there are no funds appropriated to pay a lawyer or to even 

reimburse a lawyer’s expense.” Clarke v. Blais, 473 F. Supp. 2d 124, 125 

(D. Me. 2007). 

Having review Salami’s case filings to date, and considering the 

relevant factors, the Court finds that he has not shown exceptional 

circumstances that merit the appointment of counsel at this juncture. 

Poverty and lack of access to counsel alone are not exceptional reasons 

warranting appointment of counsel. Similarly, despite his alleged limited 

access to the law library and the mail, he has been able to file four motions 

for appointment of counsel, a motion to amend and three other requests 

and/or letters to this Court. Finally, his claims at this juncture do not appear 

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to involve unusually complex legal or factual issues. For these reasons, 

Salimi’s motions to appoint counsel [R. 3, 10, 14, 15] are DENIED 

WITHOUT PREJUDICE.

1

Dated: July 21, 2015 s/Elizabeth A. Stafford

Detroit, Michigan ELIZABETH A. STAFFORD

United States Magistrate Judge

NOTICE TO THE PARTIES REGARDING OBJECTIONS

The parties’ attention is drawn to Fed. R. Civ. P. 72(a), which 

provides a period of fourteen (14) days from the date of receipt of a copy of 

this order within which to file objections for consideration by the district 

judge under 28 U.S. C. §636(b)(1). 

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served 

upon counsel of record and any unrepresented parties via the Court’s ECF 

System to their respective email or First Class U.S. mail addresses 

disclosed on the Notice of Electronic Filing on July 21, 2015.

s/Marlena Williams

MARLENA WILLIAMS

Case Manager

 1 Salami’s latest request also seeks an injunction, subpoena forms and 

search warrants. However, a separate motion requesting an injuction is 

already pending before the Court. [R. 11]. Furhter, his request for 

subpoena forms is premature as no defendant has been served, and 

discovery has not yet commenced. Finally this Court has no power to 

approve private search warrants under the Constitution. Therefore, these 

requests are also denied. 

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