Favors v. Harry

Filing 10

ORDER denying without prejudice 9 Motion to Appoint Counsel. Signed by District Judge Thomas L Ludington. (SGam)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN NORTHERN DIVISION GENE FAVORS, Petitioner, v. SHIRLEE HARRY, Respondent. / ORDER DENYING WITHOUT PREJUDICE MOTION FOR APPOINTMENT OF COUNSEL On June 2, 2009, Petitioner Gene Favors filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On June 10, 2009, the Court ordered Respondent to file an answer, along with the Rule 5 materials. Now before the Court is Petitioner's motion for appointment of counsel [Dkt. # 9]. Notably, "appointment of counsel in a civil case is . . . a matter within the discretion of the court. It is a privilege and not a right." Childs v. Pellegrin, 822 F.2d 1382, 1384 (6th Cir. 1987) (internal quotations omitted). Nonetheless, a habeas petitioner may obtain representation at any stage of the case "[w]henever the United States magistrate or the court determines that the interests of justice so require." 18 U.S.C. § 3006A(a)(2)(B). At this juncture, the interests of justice do not require appointment of counsel in this case. Petitioner's motion will be reconsidered if, following receipt of the necessary Rule 5 materials, appointment of counsel is justified. Petitioner need not file any further motions to appoint counsel. Case Number 09-12121-BC Honorable Thomas L. Ludington

Accordingly, it is ORDERED that Petitioner's motion for appointment of counsel [Dkt. # 9] is DENIED WITHOUT PREJUDICE. s/Thomas L. Ludington THOMAS L. LUDINGTON United States District Judge Dated: February 2, 2010

PROOF OF SERVICE The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on February 2, 2010. s/Tracy A. Jacobs TRACY A. JACOBS

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