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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

GREGORY BRIAN WILLIS, Case No. 09-13406

Plaintiff, Avern Cohn

vs. United States District Judge

UNKNOWN DETROIT POLICE OFFICERS, Michael Hluchaniuk

United States Magistrate Judge

Defendants.

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ORDER DENYING PLAINTIFF’S MOTION FOR

APPOINTMENT OF COUNSEL WITHOUT PREJUDICE (Dkt. 9)

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

counsel. (Dkt. 9). Plaintiff, an inmate currently at the Gus Harrison Correctional

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

rights under the United States Constitution. (Dkt. 1). Plaintiff is suing unnamed

police officers from the City of Detroit and Sergeant Jim Graham, alleging that he

was wrongfully prosecuted, that defendants lacked probable cause for the

prosecution, and that the prosecution was undertaken with recklessness and malice. 

Id. On September 9, 2009, this case was referred to the undersigned for all pretrial

purposes by District Judge Avern Cohn. (Dkt. 4).

In support of his request for counsel, plaintiff states that because he is not an

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attorney, he is unable to properly present his claims in an orderly manner, that he is

unable to afford counsel, and that his imprisonment may limit his access to the law

library, which would limit his ability to litigate this case. (Dkt. 9). 

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. Further, should dispositive motion(s) be decided in

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plaintiff’s favor, plaintiff may re-file the 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),

objections must be served on this Magistrate Judge.

s/Michael Hluchaniuk 

Date: October 28, 2009 Michael Hluchaniuk

United States Magistrate Judge

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CERTIFICATE OF SERVICE

I certify that on October 28, 2009, I electronically filed the foregoing paper

with the Clerk of the Court using the ECF system which will send notification of

such filing to the following: not applicable, and I certify that I have mailed by

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

Gregory Brian Willis, # 207545, GUS HARRISON CORRECTIONAL

FACILITY, 2727 E. Beecher Street, Adrian, MI 49221.

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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