Miles-El v. Harry

Filing 6

ORDER Denying 5 Motion to Appoint Counsel - Signed by District Judge Nancy G. Edmunds. (LBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

KUSHAWN S. MILES-EL, #237011
Petitioner,
v.

CASE NO. 2:17-CV-11428
HONORABLE NANCY G. EDMUNDS

SHIRLEE HARRY,
Respondent.
______________________________/
ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL
This matter is before the Court on Petitioner’s motion for appointment of counsel in
this closed habeas case. In May, 2017, Petitioner filed a second or successive petition for
a writ of habeas corpus pursuant to 28 U.S.C. § 2254 with the Court challenging his state
criminal convictions and sentences.1 On May 8, 2017, the Court transferred the habeas
petition to the United States Court of Appeals for the Sixth Circuit because Petitioner had
not obtained authorization to file a second or successive petition as required by 28 U.S.C.
§ 2244(b)(3)(A). On November 15, 2017, the Sixth Circuit denied him permission to
proceed on a second or successive petition. Petitioner dated the instant motion on May
1, 2018. He seeks appointment of counsel to assist him with a motion for relief from
judgment to challenge his convictions and sentences.

1

Petitioner was convicted of first-degree felony murder, assault with intent to
commit great bodily harm and two counts of possession of a firearm during the
commission of a felony following a jury trial in the Wayne County Circuit Court in 1994
and was sentenced to life imprisonment without the possibility of parole, a concurrent
term of five to 10 years imprisonment, and a consecutive term of two years
imprisonment on those convictions.

Petitioner, however, no longer has an active case before the Court because the
Sixth Circuit denied him authorization to proceed on a second or successive federal habeas
petition. Consequently, the Court has no authority or reason to appoint counsel for
Petitioner in this case or any other matter. The Court therefore DENIES the motion for
appointment of counsel. This case is closed. No further pleadings should be filed in this
case.
IT IS SO ORDERED.

s/ Nancy G. Edmunds
NANCY G. EDMUNDS
UNITED STATES DISTRICT JUDGE
Dated: May 8, 2018

2