Opinion
Case Number 12-11711
08-24-2012
ANTHONY BOLES, Petitioner, v. LLOYD RAPELJE, Respondent
Honorable David M. Lawson
ORDER DENYING MOTION FOR APPOINTMENT OF COUNSEL
This matter is before the Court on the petitioner's motion for appointment of counsel. There is no constitutional right to counsel for habeas proceedings. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Post v. Bradshaw, 422 F.3d 419, 423 n.1 (6th Cir. 2005). Habeas proceedings are civil proceedings, Browder v. Director, Dep't of Corr. of Ill., 434 U.S. 257, 269 (1978), and "'appointment of counsel in a civil case is . . . a matter within the discretion of the court. It is a privilege not a right.'" Childs v. Pellegrin, 822 F.2d 1382, 1384 (6th Cir. 1987) (quoting U.S. v. Madden, 352 F.2d 792, 793 (9th Cir. 1965)). The Court does not see grounds to grant the petitioner's motion at the present time.
Accordingly, it is ORDERED that the petitioner's motion for appointment of counsel [dkt. #8] is DENIED WITHOUT PREJUDICE.
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DAVID M. LAWSON
United States District Judge
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each attorney or party of record herein by electronic means or first class U.S. mail on August 24, 2012.
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DEBORAH R. TOFIL