Balfour v. Lafler

Filing 45

ORDER Denying Motion to Appoint Counsel and Withdrawal of Present Counsel 44 . Signed by District Judge Denise Page Hood. (LSau)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DAVID EARL BALFOUR,
Petitioner,

Case Number 2:05-CV-72189
Honorable Denise Page Hood

v.
BLAINE C. LAFLER,
Respondent.

_______________________________/
ORDER DENYING MOTION TO APPOINT COUNSEL AND
WITHDRAWAL OF PRESENT COUNSEL
Before the Court is a Motion to Appoint Counsel and Withdrawal of Present
Counsel filed June 19, 2013. The Court entered a Judgment and an Order
conditionally granting the Writ of Habeas Corpus on April 30, 2013. For the
reasons stated below, the motion is DENIED.
Conditional grants of writs of habeas corpus are final orders that ordinarily
operates automatically without the need for the district court to act further. Gentry
v. Deuth, 456 F.3d 687, 692 (6th Cir. 2006). The district courts retain jurisdiction
to execute the judgment if the state fails to comply with the conditional writ. Id.
When the state fails to comply with the conditional writ, the petitioner must be
released from custody. Saterlee v. Wolfenbarger, 453 F.3d 362, 369 (6th Cir.
2006).
The Motion to Appoint Counsel and Withdrawal of Present Counsel must
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be denied since the Court no longer has jurisdiction over the matter, other than
ensuring that the State of Michigan has complied with the writ. It is noted that the
Court did not appoint any counsel to represent Petitioner in this matter while the
case was pending before the Court since there was no evidentiary hearing held
before this Court. Rule 8 of the Rules Governing Section 2254 Cases. The Court
has no authority to appoint new counsel to represent Petitioner in proceedings
before the State courts, nor allow present counsel to withdraw from the
proceedings before the State courts. Counsel’s appearance before this Court is
governed by E.D. Mich. LR 83.25. Because the Court has entered a final
Judgment in this case, the Court has no authority on matters relating to the
parties and their counsel. This matter may be raised with the current court which
has jurisdiction over the case at this time.
Based upon the foregoing, the Motion to Appoint Counsel and Withdrawal
of Present Counsel [Doc. # 44] is DENIED.

S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: July 17, 2013
I hereby certify that a copy of the foregoing document was served upon
counsel of record on July 17, 2013, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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