United States District Court, E.D. Michigan, Southern Division
July 17, 2015
RYAN BROWN, Petitioner,
KEN ROMANOWSKI, Respondent.
ORDER DENYING PETITIONER’S MOTION FOR APPOINTMENT OF COUNSEL (ECF #16)
HON. MATTHEW F. LEITMAN, JUDGE.
On July 1, 2015, this Court denied Petitioner Ryan Brown (“Brown”) a writ of habeas corpus. (See ECF #13.) The Court, however, did grant Brown a limited certificate of appealability and permission to proceed in forma pauperis on appeal. (See Id. at 33-35, Pg. ID 881-883.)
Brown filed a Notice of Appeal with this Court on July 14, 2015. (See ECF #16.) He has also filed a motion with this Court requesting that the Court appoint him counsel on appeal. (See id.) However, “Petitioner's notice of appeal divests this Court of jurisdiction to consider his motion for the appointment of appellate counsel.” Wagner v. Smith, No. 06-10514, 2007 WL 3124659, at *2 (E.D. Mich. Oct. 25, 2007); see also Allen v. Howes, No. 05-10304, 2009 WL 1033319, at *1 (E.D. Mich. Apr. 16, 2009) (same). “Therefore, only the United States Court of Appeals for the Sixth Circuit has the authority to appoint counsel to represent the [P]etitioner on appeal.” Allen at *1.
Accordingly, IT IS HEREBY ORDERED that Petitioner’s motion for the appointment of appellate counsel (ECF #16) is DENIED.