Liggion v. Winn

Filing 15

ORDER GRANTING IN PART AND DENYING IN PART 14 Request for Extension of Time and for Appointment of Counsel filed by Deondra L. Liggion Signed by District Judge Robert H. Cleland. (LWag)

Case 2:17-cv-13009-RHC-EAS ECF No. 15 filed 06/24/20

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DEONDRA L. LIGGION,
# 381270,
Petitioner,

Case Number: 17-cv-13009

v.
THOMAS O. WINN,
Respondent.

ORDER GRANTING IN PART, DENYING IN PART PETITIONER’S REQUEST FOR
EXTENSION OF TIME AND FOR APPOINTMENT OF COUNSEL (ECF NO. 14)
On March 13, 2020, the court granted Petitioner Deondra L. Liggion’s motion to
hold this habeas corpus proceeding in abeyance while he exhausts state court
remedies (“Stay Order”). (ECF No. 13.) The court also imposed conditions under which
Petitioner was required to proceed including requiring Petitioner to commence postconviction proceedings in state court within 60 days of the date of the Stay Order. (Id.)
Now before the court is Petitioner’s request for an extension of time and for the
appointment of counsel. (ECF No. 14.)
Petitioner states that his access to the law library has been severely limited since
March 5, 2020, when the prison implemented restrictions in response to the COVID-19
pandemic. He asks for additional time to commence state court proceedings. The court
recognizes that the COVID-19 pandemic presents particular challenges to pro se
prisoner litigants and will grant Petitioner 60 days form the date of this order to
commence state court proceedings.

Case 2:17-cv-13009-RHC-EAS ECF No. 15 filed 06/24/20

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Petitioner also asks for the appointment of counsel. Petitioner has no absolute
right to be represented by counsel on federal habeas corpus review. See 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 holds that there is no need
for the appointment of counsel in this stayed proceeding. To the extent that Petitioner
seeks counsel to assist him in his state court proceeding, he should file the appropriate
papers in state court.
IT IS ORDERED that Petitioner’s request for an extension of time and for counsel
(ECF No. 14) is GRANTED IN PART AND DENIED IN PART. IT IS GRANTED with
respect to the extension of time and Petitioner must commence state court proceedings
with 60 days from the date of this order. IT IS DENIED as to the request for
appointment of counsel.

S/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: June 24, 2020
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, June 24, 2020, by electronic and/or ordinary mail.
S/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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