Daniels v. Palmer

Filing 21

ORDER denying without prejudice 20 Petitioner' Motion for Appointment of Counsel. Signed by District Judge Denise Page Hood. (JOwe)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOURTHERN DIVISION
KENNETH DANIELS,
Petitioner,

Civil No. 2:11-CV-14218
Honorable Denise Page Hood

v.
CARMEN D. PALMER,
Respondent.
____________________________________/
ORDER DENYING WITHOUT PREJUDICE PETITIONER'S MOTION FOR
APPOINTMENT OF COUNSEL [Dkt. 20]
On September 26, 2011, Petitioner Kenneth Daniels, 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 is his motion for appointment of counsel. 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. Petitioner need not file any

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

S/Denise Page Hood
Denise Page Hood
United States District Judge
Dated: October 26, 2012
I hereby certify that a copy of the foregoing document was served upon counsel of record on
October 26, 2012, by electronic and/or ordinary mail.
S/LaShawn R. Saulsberry
Case Manager

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