Ray v. Perry

Filing 11

ORDER denying 8 Motion to Appoint Counsel. Signed by District Judge David M. Lawson. (DTof)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN RAY,
Petitioner,
Case Number 11-11100
Honorable David M. Lawson
Magistrate Judge Charles E. Binder

v.
MITCH PERRY,
Respondent.
____________________________________/

ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL
The matter is before the Court on the petitioner’s motion for appointment of counsel. There
is no constitutional right to counsel for habeas proceedings. Pennsylvania v. Finley, 481 U.S. 551,
555 (1987); Post v. Bradshaw, 422 F.3d 419, 423 n.1 (6th Cir. 2005). Habeas proceedings are civil
proceedings, Browder v. Director, Dep’t of Corr. of Ill., 434 U.S. 257, 269 (1978), and
“‘appointment 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 Court does not see grounds to grant the
petitioner’s motion at the present time.
Accordingly, it is ORDERED that the petitioner’s application for appointment of counsel
[dkt #8] is DENIED.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated: November 21, 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 November 21, 2011.
s/Deborah R. Tofil
DEBORAH R. TOFIL

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