Kouekassazo v. Kane ID Logistics

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
ELOI KOUEKASSAZO,
Plaintiff,
v.
KANE ID LOGISTICS,
Defendant.
Civil Action 2:25-cv-1435
Judge Edmund A Sargus, Jr.
Magistrate Judge Chelsey M. Vascura
ORDER
This matter is before the Court on Plaintiff’s Motion for Appointment of Counsel. (ECF
No. 5.) Although Plaintiff is proceeding in forma pauperis, appointment of counsel is
discretionary under 28 U.S.C. § 1915(e); appointment of counsel in a civil case is not a
constitutional right. See Lavado v. Keohane, 992 F.2d 601, 605–06 (6th Cir. 1993). Rather, “[i]t
is a privilege that is justified only by exceptional circumstances.” Id. at 606. The Court has
evaluated whether such exceptional circumstances exist and determines that the appointment of
counsel is unwarranted at this juncture. Accordingly, Plaintiff’s Motion for Appointment of
Counsel (ECF No. 5) is DENIED.
This matter is further before the Court on Plaintiff’s Motion for Leave to Amend the
Complaint. (ECF No. 6). Because Defendant has not yet filed an answer or motion for summary
judgment, Plaintiff may amend his Complaint once as a matter of course without leave of Court
or Defendant’s consent, under Federal Rule of Civil Procedure 15(a)(1)(B). Accordingly,
Plaintiff’s Motion (ECF No. 6) is GRANTED. The Clerk is DIRECTED to file on the docket
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Plaintiff’s Amended Complaint, attached to the Motion as Exhibit D (ECF No. 6-1), which is
now the operative Complaint in this action. The Court will shortly perform a screen of Plaintiff’s
Amended Complaint under 28 U.S.C. § 1915(e)(2).
As a result, the portion of the undersigned’s December 23, 2025 Order and Report and
Recommendation (ECF No. 3) that recommended dismissal of Plaintiff’s original Complaint is
VACATED. For clarity, the portion of that Order and Report and Recommendation that granted
Plaintiff’s motion for leave to proceed in forma pauperis remains in effect.
IT IS SO ORDERED.
/s/ Chelsey M. Vascura
CHELSEY M. VASCURA
UNITED STATES MAGISTRATE JUDGE
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