Adams v. Tribley

Filing 5

ORDER denying 2 Motion to Appoint Counsel. Signed by District Judge George Caram Steeh (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

JOHN ANTHONY ADAMS, #592579,
Petitioner,
CASE NO. 2:13-CV-10735
HONORABLE GEORGE CARAM STEEH

v.
LINDA TRIBLEY,
Respondent.
_______________________________/

ORDER DENYING MOTION FOR
APPOINTMENT OF COUNSEL (DKT. NO. 2)
Michigan prisoner John Anthony Adams (“Petitioner”) has filed a petition for a writ
of habeas corpus pursuant to 28 U.S.C. § 2254. Respondent has been served with the
petition and an answer to the petition is due on August 26, 2013. This matter is before the
Court on Petitioner’s motion for appointment of counsel. In support of his motion, Petitioner
states that he is unschooled in the law, that he cannot afford counsel, that his claims are
meritorious, and that he seeks an evidentiary hearing.
Petitioner, however, has no absolute right to be represented by counsel on federal
habeas corpus review. Abdur-Rahman v. Michigan Dept. of Corrections, 65 F.3d 489, 492
(6th Cir. 1995); see also Wright v. West, 505 U.S. 277, 293 (1992) (citing Pennsylvania v.
Finley, 481 U.S. 551, 555 (1987)). “‘[A]ppointment of counsel in a civil case is . . . a matter
within the discretion of the court. It is a privilege and not a right.’” Childs v. Pellegrin, 822
F.2d 1382, 1384 (6th Cir. 1987) (quoting United States v. Madden, 352 F.2d 792, 793 (9th
Cir. 1965)). Neither discovery nor an evidentiary hearing are necessary at this time, and

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the interests of justice do not require appointment of counsel.

See 18 U.S.C. §

3006A(a)(2)(B); 28 U.S.C. foll. § 2254, Rules 6(a) and 8(c). Accordingly, the Court
DENIES WITHOUT PREJUDICE Petitioner’s motion for appointment of counsel. The Court
will bear in mind Petitioner’s request if, following a review of Respondent’s answer and the
state court record, the Court determines that appointment of counsel is necessary.
Petitioner need not file an additional motion concerning this issue.
IT IS SO ORDERED.
Dated: February 27, 2013
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
February 27, 2013, by electronic and/or ordinary mail and also
on John Adams, #592579 , Ojibway Correctional Facility,
N5705 Ojibway Road, Marenisco, MI 49947.
s/Barbara Radke
Deputy Clerk

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