Hurd v. Howes

Filing 15

ORDER denying without prejudice 6 Motion to Appoint Counsel. Signed by District Judge Arthur J. Tarnow. (CPic)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DEMETRIUS L. HURD,
Petitioner,

Case Number: 2:11-CV-10600

v.

HONORABLE ARTHUR J. TARNOW

CAROL HOWES,
Respondent.
/
ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT
OF COUNSEL WITHOUT PREJUDICE
Petitioner Demetrius Hurd, a state inmate currently incarcerated at the Lakeland
Correctional Facility in Coldwater, Michigan, has filed a pro se petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. Now before the Court is Petitioner’s Motion for
Appointment of Counsel.
There exists no constitutional right to the appointment of counsel in civil cases, and the
court has broad discretion in determining whether counsel should be appointed. Franklin v.
Rose, 765 F.2d 82, 85 (6th Cir. 1985) (holding that a habeas petitioner is not entitled to the
appointment of counsel to assist in habeas corpus proceedings); 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). The Court determines that the interests of justice do not require appointment of
counsel at this time.

Accordingly, IT IS ORDERED that Petitioner’s Motion for Appointment of Counsel
[dkt. # 6] is DENIED WITHOUT PREJUDICE. The Court will reconsider Petitioner’s motion
if it determines at a later date that appointment of counsel is necessary.

S/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge
Dated: July 20, 2011
I hereby certify that a copy of the foregoing document was served upon parties/counsel of record
on July 20, 2011, by electronic and/or ordinary mail.
S/Catherine A. Pickles
Judicial Secretary

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