McCormick v. Brzezinski et al, No. 2:2008cv10075 - Document 131 (E.D. Mich. 2009)
Court Description: OPINION AND ORDER denying 114 Plaintiff's Motion to Appoint Counsel. Signed by District Judge Robert H Cleland. (LWag)
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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LINDA McCORMICK, Plaintiff, v. Case No. 08-10075 ROBERT BRZEZINSKI, et aI., Defendant. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--'1 OPINION AND ORDER DENYING PLAINTIFF'S MOTION FOR APPOINTMENT OF COUNSEL Pending before the court is pro se Plaintiff Linda McCormick's motion for appointment of counsel, filed on June 6, 2009. Since filing that motion Plaintiff has requested the aid of the Michigan Association of Justice Pro Bono Program. (Attached Letter from Alan Wittenberg, Received in Chambers on Oct. 19,2009.) These efforts has proven unfruitful. Id. Although there is no constitutional right to counsel in a civil case, Lanier v. Bryant, 332 F.3d 999, 1006 (6th Cir. 2003), federal courts may "request" an attorney to represent an indigent in a civil case. 28 U.S.C. § 1915(e)(1). Such action is generally appropriate in "exceptional circumstances." Lavado v. Keohane, 992 F.2d 601, 605 (6th Cir. 1993). Here, the case boils down to a determination of whether Plaintiff's assertion of assault in the face of Defendant Leosh's denial, is provably true. Plaintiff has proven her ability to file briefs and respond to Defendant's motions in adequate fashion. "Exceptional circumstances," therefore, are not shown to exist. The court has, nonetheless, inquired of this district's Pro Bono Committee, chaired by a United States District Judge, the Honorable Denise Page Hood. The court provided an outline of the case along with the significant case documents, and requested appointment of a volunteer pro bono attorney, but to no avail. Accordingly, IT IS ORDERED that Plaintiffs "Motion to Appoint of Counsel" [Dkt. # 114] is DENIED. s/Robert H. Cleland ROBERT H. CLELAND UNITED STATES DISTRICT JUDGE Dated: November 17, 2009 I hereby certify that a copy of the foregoing document was mailed to counsel of record on this date, November 17, 2009, by electronic and/or ordinary mail. s/Lisa Wagner Case Manager and Deputy Clerk (313) 234-5522 S:\ClelandIJUDGE'S DESK\C2 ORDERS\OB-10075.McCormick.Deny.Mot.Appoint.Counsel.2.wpd 2 *ALBERT LOPATIN* ALAN WITTENBERG LOPATIN & WITTENBERG AITORNEYS AT LAW *1929-2004* 3000 TOWN CENTER, SUITE 1250 SOUTHfiELD, MICHIGAN 48075 Of Counsci ROBERT C. DOMOL TELEPHONE (248) 353-1000 FAX (248) 353-1022 TOLL FREE 1-800-558-1890 DETROIT OFFICE 1394 EAST JEFFERSON AVENUE DETROIT, MICHIGAN 48207 TELEPHONE (800) 558-1890 MACOMB OFFICE 42490 GARFlEI.D, SUITE 210 CLINTON TWI'.. MICIIlGAN 48038 TELEPHONE (800) 558-1890 October 13,2009 Ms. Linda McCormick P.O. Box 51333 Livonia, MI 48151 Re: McConnick vs. Brzezinski, et al. Case No. 08-CV-I0075 Dear Ms. McCormick: Unfortunately, the Michigan Association of Justice Pro Bono Program is not going to be able to assist you regarding your current case in the Eastern District of Michigan Federal Court. As we discussed during our meeting, 1 suggest that you contact the ACLU. You had discussed with me in the past thal you have hud previous positive dealings with the ACLU. I certainly believe that that organization has the necessary means and stafT to help you in this case. I wish you the best of luck with this case and in the future. V;r truly yours, /Tl~ ~ Alan W'iitenber-g AWlkj , / cc: Ms. Charlene R. Gill .// Judicial Secretary United State District Court 231 West Lafayette Boulevard .Detroit, Michigan 48226
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