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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

NORMAN DORISE, Case No. 09-10042

Plaintiff, Marianne O. Battani

vs. United States District Judge

ELLA BULLEA CUMMINGS, et al., Michael Hluchaniuk

United States Magistrate Judge

Defendants.

 /

ORDER DENYING PLAINTIFF’S MOTION FOR

APPOINTMENT OF COUNSEL WITHOUT PREJUDICE (Dkt. 22)

This matter is before the Court on plaintiff’s motion for appointment of

counsel. (Dkt. 22). Plaintiff, an inmate currently at the Chippewa Correctional

Facility, brings this action under 42 U.S.C. § 1983, claiming violations of his rights

under the United States Constitution. (Dkt. 1). Plaintiff alleges that certain City of

Detroit police officers used excessive force on him and that other defendants failed

to properly train and supervise those officers. Id. On May 8, 2009, this case was

referred to the undersigned for all pretrial purposes by District Judge Marianne O.

Battani. (Dkt. 11). In support of his request for counsel, plaintiff states that he is

unable to afford counsel, has limited access to the law library, limited knowledge

of the law, and that he has made repeated efforts to obtain a lawyer. (Dkt. 22). 

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Under 28 U.S.C. § 1915(e)(1), a federal court may request an attorney to

represent an indigent plaintiff. Reneer v. Sewell, 975 F.2d 261 (6th Cir. 1992). 

Except in rare circumstances, it is the practice of this Court to consider the

appointment of counsel in prisoner civil rights cases only where exceptional

circumstances exist, or in certain cases only after a motion to dismiss or for

summary judgment has been decided. In order to make the determination whether

there are exceptional circumstances to appoint counsel, the Court considers the

type of case involved, plaintiff’s ability to represent himself, as well as the

complexity of the case, and also whether the claims being presented are frivolous

or have a small likelihood of success. Reneer, 975 F.2d at 261; see also, Mars v.

Hanberry, 752 F.2d 254, 256 (6th Cir. 1995). 

It appears that, from reading the complaint, plaintiff has an adequate

understanding of the issues and matters involved in this case, and is able to

articulate the claims and arguments in a reasonable fashion. It also appears that the

issues raised in his complaint are straightforward and understandable and not of an

unduly complex nature. Should dispositive motion(s) be decided in plaintiff’s

favor, plaintiff may re-file the motion for the appointment of counsel. 

Based on the foregoing, plaintiff’s motion for the appointment of counsel is

DENIED WITHOUT PREJUDICE.

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IT IS SO ORDERED.

The parties to this action may object to and seek review of this Order, but are

required to file any objections within 10 days of service as provided for in 28

U.S.C. § 636(b)(1) and Local Rule 72.1(d)(2). A party may not assign as error any

defect in this Order to which timely objection was not made. Fed.R.Civ.P. 72(a). 

Any objections are required to specify the part of the Order to which the party

objects and state the basis of the objection. Pursuant to Local Rule 72.1(d)(2),

objections must be served on this Magistrate Judge.

Date: July 10, 2009 s/Michael Hluchaniuk 

Michael Hluchaniuk

United States Magistrate Judge

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CERTIFICATE OF SERVICE

I certify that on July 10, 2009, I electronically filed the foregoing paper with

the Clerk of the Court using the ECF system, which will send electronic

notification to the following: John A. Schapka, and I certify that I have mailed by

United States Postal Service the paper to the following non-ECF participant(s):

Norman Dorise, # 653633, CHIPPEWA CORRECTIONAL FACILITY, 4269 W.

M-80, Kincheloe, MI 49784.

s/James P. Peltier 

Courtroom Deputy Clerk

U.S. District Court

600 Church Street

Flint, MI 48502

(810) 341-7850

pete_peltier@mied.uscourts.gov

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