Blumenthal v. Caruso

Filing 17

ORDER denying Without Prejudice 14 Motion to Appoint Counsel ; finding as moot 15 Motion to Proceed In Forma Pauperis. Signed by District Judge Victoria A Roberts. (CPin)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION THOMAS BLUMENTHAL, Petitioner, v. MICHAEL CURLEY, Respondent. / ORDER DENYING WITHOUT PREJUDICE PETITIONER'S MOTION TO APPOINT COUNSEL AND DENYING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS AS MOOT On November 19, 2008, Petitioner Thomas Blumenthal filed a pro se Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, alleging that he is incarcerated in violation of his constitutional rights. Pending before the Court are Petitioner's "Motion to Appoint Counsel" [Dkt. #14], and "Motion to Proceed In Forma Pauperis" [Dkt. # 15]. The constitutional right to counsel in criminal proceedings provided by the Sixth Amendment does not apply to an application for writ of habeas corpus, which is a civil proceeding. Cobas v. Burgess, 306 F.3d 441, 444 (6th Cir. 2002), cert. denied, 538 U.S. 984 (2003), reh. denied, 539 U.S. 970 (2003). There exists no constitutional right to the appointment of counsel in habeas cases, and the Court has broad discretion in determining whether counsel should be appointed. Childs v. Pellegrin, 822 F.2d 1382, 1384 (6th Cir. 1987) ("[A]ppointment of counsel in a civil case is . . . a matter within the discretion of the court. It is a privilege and not a right.") (internal quotation omitted). 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). In the instant case, the Court Case Number: 08-cv-14858 Honorable Victoria A. Roberts

determines, after careful consideration, that the interests of justice do not require appointment of counsel at this time. Regarding Petitioner's "Motion to Proceed In Forma Pauperis," the Court finds that Petitioner paid the necessary filing fee when he filed his Petition [Dkt. # 1]; no other fee is required. Thus, Petitioner's Motion is denied as moot. Accordingly, Petitioner's "Motion to Appoint Counsel" [Dkt. # 14] is DENIED WITHOUT PREJUDICE. The Court will reconsider Petitioner's Motion if it determines at a later date that appointment of counsel is necessary. Petitioner need not file any additional motions regarding this issue. FURTHER ORDERED Petitioner's "Motion to Proceed In Forma Pauperis" is DENIED as moot. ORDERED. s/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: January 15, 2010
The undersigned certifies that a copy of this document was served on the attorneys of record AND Thomas Blumenthal by electronic means or U.S. Mail on January 15, 2010. s/Carol A. Pinegar Deputy Clerk

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