Lewis v. Turnwald

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION KHARVELL LEWIS,

Plaintiff, Case No. 23-cv-10326 v. Hon. Matthew F. Leitman

CODY TURNWALD,

Defendant. __________________________________________________________________/ ORDER (1) CONDITIONALLY APPOINTING COUNSEL AND (2) STAYING CASE FOR PERIOD OF 60 DAYS

Pro se Plaintiff Kharvell Lewis is a state inmate in the custody of the Michigan Department of Corrections (the “MDOC”). In this action, Lewis brings claims under 42 U.S.C. § 1983 against an official employed by the MDOC, Prison Counselor Cody Turnwald. The sole remaining claim against Turnwald is an excessive force claim. More specifically, Lewis claims that Turnwald “st[u]ck his finger in [Lewis’s] right eye socket and twisted [Lewis’s] head all in one motion causing serious injury” while Lewis was “compl[ying] with his orders and [had] allow[ed] [Turnwald] to [hand]cuff” him. (Compl., ECF No. 1, PageID.3.) The case is now ready for trial on that sole remaining claim. (See Certificate of Completion, ECF No. 67.) Unlike criminal cases, there is no constitutional or statutory right to the appointment of counsel in civil cases. See Lavado v. Keohane, 992 F.2d 601, 605-

606 (6th Cir. 1993). However, this district has a procedure in which cases are referred to a Pro Bono Committee that requests members of the bar to assist in appropriate cases. This Court believes that Lewis would benefit from the assistance

of appointed pro bono counsel for the purposes of assisting him at trial. Accordingly, this case is REFERRED to the Pro Bono Committee. Lewis is conditionally granted appointment of counsel provided that the committee is successful in enlisting pro bono counsel. The Court will also STAY this action for

a period of 60 days while the committee attempts to obtain pro bono counsel for Lewis. If pro bono counsel is not obtained within 60 days, the stay will be lifted, counsel will not be appointed, and Lewis will need to proceed pro se at trial if he

cannot retain counsel at his own expense. Upon the completion of the Pro Bono Committee’s efforts to find trial counsel for Lewis, the Court will promptly set a status conference with all parties to set a mutually convenient trial date.

IT IS SO ORDERED. s/Matthew F. Leitman MATTHEW F. LEITMAN UNITED STATES DISTRICT JUDGE Dated: September 22, 2025 I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on September 22, 2025, by electronic means and/or ordinary mail.

s/Holly A. Ryan Case Manager (313) 234-5126