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Harris v. Bergh

United States District Court, Eastern District of Michigan, Southern Division

April 24, 2015

RODNEY O. HARRIS, Petitioner,
v.
DAVID BERGH, Respondent.

ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL

GEORGE CARAM STEEH, UNITED STATES DISTRICT JUDGE

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.

Accordingly, the Court DENIES Petitioner’s “Motion for Appointment of Counsel” [dkt. # 3].

SO ORDERED.


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