Saunders v. Romanowski
Filing
15
ORDER denying without prejudice 14 Motion to Appoint Counsel. Signed by District Judge Arthur J. Tarnow. (CPic)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOURTHERN DIVISION
QUNTIUS D. SAUNDERS, #657148,
Petitioner,
Civil No. 2:11-CV-14863
Honorable Denise Page Hood
v.
KEN ROMANOWSKI,
Respondent.
____________________________________/
ORDER DENYING WITHOUT PREJUDICE PETITIONER'S MOTION FOR
APPOINTMENT OF COUNSEL [Dkt. 14]
On November 4, 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/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge
Dated: November 7, 2012
I hereby certify that a copy of the foregoing document was served upon parties/counsel of record
on November 7, 2012, by electronic and/or ordinary mail.
S/Catherine A. Pickles
Judicial Secretary
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