Hawkins v. Lafler
Filing
11
ORDER Denying Without Prejudice Petitioner's 7 Motion to Appoint Counsel. Signed by District Judge Avern Cohn. (SCha)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOURTHERN DIVISION
CHARLES HAWKINS,
Petitioner,
Case No. 2:11-cv-11250
v.
BLAINE C. LAFLER,
HON. AVERN COHN
Respondent.
____________________________________/
ORDER DENYING WITHOUT PREJUDICE PETITIONER'S MOTION FOR
APPOINTMENT OF COUNSEL (Doc. 2)
I.
On June 17, 2013, Petitioner Charles Hawkins, a state inmate, filed an amended
petition for a writ of habeas corpus under 28 U.S.C. § 2254, alleging that he is
incarcerated in violation of his constitutional rights. Before the Court is Petitioner’s
motion for appointment of counsel. For the reasons that follow, the motion will be
denied without prejudice.
II.
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). The Court has broad discretion in
determining whether counsel should be appointed. Childs v. Pellegrin, 822 F.2d 1382,
1384 (6th Cir. 1987). 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).
Here, if after the Court has reviewed the pleadings and state court record, if the
Court determines that appointment of counsel is necessary, then it will do so at that
time. Petitioner need not file any further motions regarding this issue.
III.
Accordingly, Petitioner's Motion for Appointment of Counsel is DENIED
WITHOUT PREJUDICE.
SO ORDERED.
s/Avern Cohn
AVERN COHN
UNITED STATES DISTRICT JUDGE
Dated: October 3, 2013
I hereby certify that a copy of the foregoing document was mailed to the attorneys of
record on this date, October 3, 2013, by electronic and/or ordinary mail.
S/Sakne Chami
Case Manager, (313) 234-5160
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?