United States District Court, E.D. Michigan, Southern Division
ORDER DENYING DEFENDANT/PETITIONER'S MOTION FOR
APPOINTMENT OF COUNSEL AND MOTION FOR DISCOVERY
F. Cox United States District Court Judge
pending before this Court is a Motion to Vacate filed by
Defendant/Petitioner Erie Adams, pursuant to 28 U.S.C. §
2255. On December 8, 2017, this Court issued an order that
provides that no later than January 30, 2018, Adams
“may filed a new, condensed § 2255 Motion that
includes all claims raised in his original motion, and any
additional ineffective-assistance-of-counsel claim referenced
in his motion filed on October 20, 2017.” (Docket Entry
No. 126). Adams has not yet filed such a motion.
two motions filed by Adams are pending before the Court: 1) a
“Motion For Appointment Of Independent Counsel”
(Docket Entry No. 122); and 2) a “Motion for
Discovery” (Docket Entry No. 123). The Government has
filed briefs opposing both motions.
Motion for Appointment of Counsel, Adams asserts that
“[o]n October 23, 2017, the Government filed a motion
requesting this Honorable court for an Order declaring the
attorney-client privilege waived for litigating Mr.
Adams' post-conviction petition, ” and Adams
asserts that he needs counsel to advise him regarding the
issue of waiver of attorney-client privilege with respect to
that motion. (Id. at 1).
to Adams's motion, the docket does not reflect any
October 23, 2017 motion from the Government, or a motion from
the Government seeking the order described by Adams.
as the Government notes in its response, there is no
constitutional right to the appointment of counsel in civil
cases and the Court has broad discretion in determining
whether counsel should be appointed. Childs v.
Pellegrin, 822 F.2d 1382, 1384 (6th Cir. 1987).
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). In the instant
case, after careful examination of the facts and claims
presented thus far, the Court determines that the interests
of justice do not require appointment of counsel at this
time. Accordingly, it is ORDERED that
Adams's motion for appoint of counsel is
DENIED without prejudice. If at any point in
these proceedings the Court concludes that the appointment of
counsel is warranted, the Court shall appoint counsel.
motion for discovery, Adams seeks very broad discovery
relating to jury records in this court and records maintained
by the United States Attorney's Office. (See
Docket Entry No. 123 at Pg ID 2017) (“Please produce
any and all documents and records held, prepared, retained
and/or maintained by the United States Attorney's Office
or the Clerk of the Court for the Eastern District of
Michigan, specifically jury rolls and demographics
information for available jury pool or jury wheel available
for 2012 thru 2014.”)
United States Court of Appeals for the Sixth Circuit has
explained, see Standford v. Parker, 266
F.3d 442 (6th Cir. 2001):
Habeas petitioners have no right to automatic discovery. A
district court has discretion to grant discovery in a habeas
case upon a fact specific showing of good cause under Rule 6.
See Bracy v. Gramley, 520 U.S. 899, 117 S.Ct. 1793,
138 L.Ed.2d 97 (1997); Byrd v. Collins, 209 F.3d
486, 515-16 (6th Cir. 2000). Rule 6(a) provides: “A
party shall be entitled to invoke the processes of discovery
available under the Federal Rules of Civil Procedure if, and
to the extent that, the judge in the exercise of his
discretion and for good cause shown grants leave to do so,
but not otherwise.” The burden of demonstrating the
materiality of information requested is on the moving party.
See Murphy v. Johnson, 205 F.3d 809, 813-15 (5th
Id. at 460.
Court concludes that Adams has not met his burden of
demonstrating the materiality of the broad discovery he seeks
and ORDERS that his request for discovery is
IS SO ORDERED.
I hereby certify that on January 30, 2018, the foregoing
document was served on counsel of record via electronic means
and upon Erie Adams via First ...