Younger v. Trombley

Filing 25

ORDER denying 21 Motion for Evidentiary Hearing; denying 22 Motion to Appoint Counsel. Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BOBBY YOUNGER, Petitioner, v. JAN E. TROMBLEY, Respondent. _______________________________/ ORDER DENYING PETITIONER'S MOTION FOR EVIDENTIARY HEARING AND PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL On March 18, 2011,the petitioner filed a motion for evidentiary hearing and a motion for appointment of counsel. "`[A]ppointment of counsel in a civil case is . . . a matter within the discretion of the court. It is a privilege not a right.'" Childs v. Pellegrin, 822 F.2d 1382, 1384 (6th Cir. 1987) (quoting U.S. v. Madden, 352 F.2d 792, 793 (9th Cir. 1965)). The petitioner has failed to present convincing reasons as to why this Court should exercise its discretionary power at this time. Rule 8 of the Rules Governing Section 2254 Cases in the United States District Courts states, in pertinent part: If the petition is not dismissed at a previous stage in the proceeding, the judge, after the answer and the transcript and record of state court proceedings are filed, shall, upon a review of those proceedings and of the expanded record, if any, determine whether an evidentiary hearing is required. Rule 8(a), Rules Governing Section 2254 Cases. This Court is not persuaded that an evidentiary hearing is necessary to adjudicate the claims in the petition at this time. See 28 U.S.C. § 2254(e)(2). Accordingly, it is ORDERED that the petitioner's motion for appointment of counsel [dkt. #22] is DENIED. Case Number 08-10436 Honorable David M. Lawson

It is further ORDERED that the petitioner's motion for evidentiary hearing [dkt. #21] is DENIED.

s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: March 25, 2011

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 March 25, 2011. s/Deborah R. Tofil DEBORAH R. TOFIL

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