Shivers v. Place

Filing 6

ORDER denying 2 Motion to Appoint Counsel. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DEVON SHIVERS,
Petitioner,

Case No. 2:15-cv-11625
Hon. Victoria A. Roberts

v.
SHANE PLACE,
Respondent.
________________________________________/

ORDER DENYING WITHOUT PREJUDICE PETITIONER'S MOTION FOR
APPOINTMENT OF COUNSEL [DKT. 2]
On May 4, 2015, Petitioner Devon Shivers, a state inmate, filed a 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 Petitioner’s motion to appoint 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, the
Court has yet to receive a response from Respondent to the petition. The Court therefore determines
that it is premature to determine whether justice requires appointment of counsel. The Court will
reconsider this request on its own motion when it reviews the answer and state court record.

Accordingly, IT IS ORDERED that Petitioner's motion for appointment of counsel is
DENIED WITHOUT PREJUDICE.
SO ORDERED.

S/Victoria A. Roberts
Honorable Victoria A. Roberts
United States District Judge
Dated: 10/6/2015

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