Mosher v. McKee

Filing 12

ORDER Denying 11 Application for Appointment of Counsel filed by Phillip Mosher - Signed by District Judge David M. Lawson. (DTof)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION PHILLIP MOSHER, Petitioner, Case No. 11-13270 Honorable David M. Lawson v. KENNETH MCKEE, Respondent. ___________________________________/ ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL On November 28, 2011, the Court received a letter from the petitioner asking for the Court’s help in referring him to a pro bono attorney. The Court will construe the petitioner’s letter as a 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 #10] is DENIED WITHOUT PREJUDICE. s/David M. Lawson DAVID M. LAWSON United States District Judge Dated: December 9, 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 December 9, 2011. s/Deborah R. Tofil DEBORAH R. TOFIL -2-

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