United States District Court, Eastern District of Michigan, Southern Division
May 20, 2015
BRIAN JAMES DABNEY, Petitioner,
SHANE PLACE, Respondent.
ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL [#3]
GERSHWIN A. DRAIN, United States District Judge.
Petitioner Brian James Dabney, a state prisoner confined at the Baraga Correctional Facility in Baraga, Michigan, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Presently before the Court is Petitioner’s Motion for Appointment of Counsel [#3].
A petitioner has no absolute right to be represented by counsel on federal habeas corpus review. See Abdur-Rahman v. Michigan Dep’t of Corr., 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 WITHOUT PREJUDICE Petitioner’s Motion for Appointment of Counsel [#3].