Brown v. Romanowski

Filing 18

ORDER Denying Petitioner's 16 Motion for Appointment of Counsel. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
RYAN BROWN,
Petitioner,

Case No. 13-cv-11367
Hon. Matthew F. Leitman

v.
KEN ROMANOWSKI,
Respondent.
_________________________________/
ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF
COUNSEL (ECF #16)
On July 1, 2015, this Court denied Petitioner Ryan Brown (“Brown”) a writ
of habeas corpus. (See ECF #13.) The Court, however, did grant Brown a limited
certificate of appealability and permission to proceed in forma pauperis on appeal.
(See id. at 33-35, Pg. ID 881-883.)
Brown filed a Notice of Appeal with this Court on July 14, 2015. (See ECF
#16.) He has also filed a motion with this Court requesting that the Court appoint
him counsel on appeal. (See id.) However, “Petitioner's notice of appeal divests
this Court of jurisdiction to consider his motion for the appointment of appellate
counsel.” Wagner v. Smith, No. 06-10514, 2007 WL 3124659, at *2 (E.D. Mich.
Oct. 25, 2007); see also Allen v. Howes, No. 05-10304, 2009 WL 1033319, at *1
(E.D. Mich. Apr. 16, 2009) (same). “Therefore, only the United States Court of

Appeals for the Sixth Circuit has the authority to appoint counsel to represent the
[P]etitioner on appeal.” Allen at *1.
Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for the
appointment of appellate counsel (ECF #16) is DENIED.

s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: July 17, 2015
I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on July 17, 2015, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

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