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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

FENGEMI LI, Case No. 09-11363

Plaintiff, Stephen J. Murphy, III

vs. United States District Judge

RECELLULAR, INC., Michael Hluchaniuk

United States Magistrate Judge

Defendant.

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ORDER DENYING PLAINTIFF’S MOTION FOR 

APPOINTMENT OF COUNSEL WITHOUT PREJUDICE (Dkt. 3)

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

counsel. (Dkt. 3). Plaintiff brings this action against defendant claiming violations

the Elliott-Larsen Civil Rights Act, Title VII, the Whistleblower Protection Act,

and the Whistleblower Protection Act under the Solid Waste Disposition Act,

Toxic Substances Control Act, and various other state and federal statutes and

Michigan common law. (Dkt. 1). 

An order granting plaintiff’s application to proceed in forma pauperis and

directing service of process on defendant was entered on April 17, 2009. (Dkt. 4). 

On April 23, 2009, District Judge Steven J. Murphy, III, referred this matter to the

undersigned for all pretrial purposes. (Dkt. 10). Plaintiff filed an application for

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the appointment of counsel on April 10, 2009. (Dkt. 3). While plaintiff completed

the financial affidavit in support of his application for the appointment of counsel,

she provided no reasons in support of her request.

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 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 herself, 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; Mars v. Hanberry,

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

It appears that, from reading the complaint and other documents submitted

by plaintiff, she has an adequate understanding of the matters involved in this case,

and is able to articulate her claims and arguments in a reasonable fashion. It also

appears that the issues raised in her complaint are straightforward and

understandable and not of an unduly complex nature. Should plaintiff survive a

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motion to dismiss or summary judgment in this matter, plaintiff may re-file her

motion for the appointment of counsel. Plaintiff’s motion for appointment of

counsel is DENIED WITHOUT PREJUDICE.

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), any

objections must be served on this Magistrate Judge.

s/Michael Hluchaniuk 

Date: May 20, 2009 Michael Hluchaniuk

United States Magistrate Judge

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CERTIFICATE OF SERVICE

I certify that on May 20, 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: F. Arthur Jones, II and Melvin J. Muskovitz, and I

certify that I mailed by United States Postal Service the paper to the following

non-ECF participant: Fengmei Li, 3092 Village Circle, Ann Arbor, MI 48108.

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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