Vincent Patrick Kelly v. Ybarra

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

VINCENT PATRICK KELLY, Case No. 4:24-cv-10828 Plaintiff, Shalina D. Kumar United States District Judge v. Patricia T. Morris YBARRA, United States Magistrate Judge Defendant. _______________________________/ ORDER GRANTING PLAINTIFF’S MOTION TO APPOINT COUNSEL (ECF No. 35), CONDITIONALLY APPOINTING COUNSEL, AND STAYING CASE FOR 45 DAYS Plaintiff1 is a prisoner in the custody of the Michigan Department of Corrections. She brings claims under 42 U.S.C. § 1983 for violations of her constitutional rights, specifically alleging retaliation and targeted harassment motivated by her gender identity/expression. (ECF No. 1). More specifically, Plaintiff claims that Defendant issued her two retaliatory misconduct tickets, one on September 19, 2023, and the other on October 7, 2023. (Id.). Plaintiff also claims that Defendant was deliberately indifferent to her serious medical needs by misgendering her in violation of the Eighth Amendment; violated her right to Equal In the complaint, Plaintiff states that she is a “Trans-woman” and refers to herself using feminine pronouns, e.g., she/her. (ECF No. 1, PageID.1‒2). The Undersigned will therefore use feminine pronouns when referring to Plaintiff.

Protection under the Fourteenth Amendment; and violated the Americans with Disabilities Act and the Rehabilitation Act due to dissimilar treatment from similarly situated cisgender prisoners. (Id.).

Before the Court is Plaintiff’s motion for the appointment of counsel, wherein she explains that she is housed in a unit that does not permit inmates to visit the law library and is thus unable to continue adequately prosecuting this case pro se. (ECF No. 35, PageID.238). Plaintiff’s placement in a restricted unit appears to be due to her identity as a transwoman. Based on these circumstances, the Court finds that Plaintiff has presented exceptional circumstances warranting the appointment of counsel. See Lavado v. Keohane, 992 F.2d 601, 605–06 (6th Cir. 1993). Therefore, Plaintiff’s motion (ECF No. 35) is GRANTED.

This case is hereby REFERRED to the Court’s pro bono program where the usual efforts must be made to obtain counsel for Plaintiff. Further, this case is STAYED for forty-five (45) days from entry of this order. If pro bono counsel is not obtained by this date, the stay will be lifted, and Plaintiff must continue to proceed pro se.

IT IS SO ORDERED.

Date: February 2, 2026 s/patricia t. morris Patricia T. Morris United States Magistrate Judge