Reese v. Larson

Filing 15

ORDER Denying Petitioner's 3 Motion for Appointment of Counsel. Signed by District Judge Denise Page Hood. (Loury, R)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION VERDELL REESE, Case Number: 2:13-CV-12366 Petitioner, HONORABLE DENISE PAGE HOOD v. JEFFREY LARSON, Respondent. / ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL Petitioner Verdell Reese, a state inmate currently incarcerated at the Central Michigan Correctional Facility in St. Louis, Michigan, has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Now before the Court is Petitioner’s Motion for Appointment of Counsel. There exists no constitutional right to the appointment of counsel in civil cases, and the court has broad discretion in determining whether counsel should be appointed. Franklin v. Rose, 765 F.2d 82, 85 (6th Cir. 1985) (holding that a habeas petitioner is not entitled to the appointment of counsel to assist in habeas corpus proceedings); Childs v. Pellegrin, 822 F.2d 1382, 1384 (6th Cir. 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.”) (internal quotation omitted). 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). The Court determines that the interests of justice do not require appointment of counsel at this time. Accordingly, IT IS ORDERED that Petitioner’s Motion for Appointment of Counsel [dkt. # 3] is DENIED. S/Denise Page Hood Denise Page Hood United States District Judge Dated: January 22, 2014 I hereby certify that a copy of the foregoing document was served upon counsel of record on January 22, 2014, by electronic and/or ordinary mail. S/LaShawn R. Saulsberry Case Manager 2

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