Harris v. Bergh

Filing 8

ORDER denying 3 petitioner's Motion to Appoint Counsel. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

RODNEY O. HARRIS,
Case Number: 2:15-CV-11122
HON. GEORGE CARAM STEEH

Petitioner,
v.
DAVID BERGH,
Respondent.
/

ORDER DENYING PETITIONER’S
MOTION FOR APPOINTMENT OF COUNSEL
Petitioner Rodney O. Harris, a state prisoner confined at the Thumb Correctional
Facility in Lapeer, Michigan, has filed a petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254. Now before the Court is Petitioner’s Motion for Appointment of Counsel.
Petitioner has no absolute right to be represented by counsel on federal habeas
corpus review. See 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). 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.
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Accordingly, the Court DENIES Petitioner’s “Motion for Appointment of Counsel”
[dkt. # 3].
SO ORDERED.
Dated: April 24, 2015
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
April 24, 2015, by electronic and/or ordinary mail and also on
Rodney Harris #227942, Thumb Correctional Facility,
3225 John Conley Drive, Lapeer, MI 48446.
s/Barbara Radke
Deputy Clerk

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