Everett v. McQuiggin

Filing 13

ORDER denying without prejudice 8 Petitioner's Motion to Appoint Counsel. Signed by District Judge Denise Page Hood. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
EVERETT FORD,
Petitioner,

Case Number 11-12760
Honorable Denise Page Hood

v.
GREG MCQUIGGIN,
Respondent.
________________________________________/

ORDER DENYING WITHOUT PREJUDICE PETITIONER'S MOTION FOR
APPOINTMENT OF COUNSEL [DKT. NO. 8]
On June 27, 2011, Petitioner Everett Ford, a state inmate, filed a pro se petition for a writ of
habeas corpus under 28 U.S.C. § 2254, alleging that he is incarcerated in violation of his
constitutional rights. Pending before the Court are his motion for appointment of counsel. (Dkt. No.
8). For the reasons set forth below, the Court will deny the motion without prejudice.
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). In this case, after
the Court has carefully 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.

Accordingly, IT IS ORDERED that Petitioner's "Motion for Appointment of Counsel" is
DENIED WITHOUT PREJUDICE.
SO ORDERED.

Dated: November 2, 2011

S/Denise Page Hood
DENISE PAGE HOOD
UNITED STATES DISTRICT JUDGE

I hereby certify that a copy of the foregoing document was mailed to Everett Ford, 18650
Chippewa Correctional Facility, 4269 W. M-80, Kincheloe, MI 49784 the attorneys of record on
this date, November 2, 2011, by electronic and/or ordinary mail.

S/Julie Owens
Case Manager, [phone]

-2-