Clark v. Smith

Full title: DELANDRICK S. CLARK, Petitioner, v. WILLIE O. SMITH, Respondent.

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Sep 4, 2013

Case Number: 2:13-CV-13588 (E.D. Mich. Sep. 4, 2013)

Opinion

Case Number: 2:13-CV-13588

09-04-2013

DELANDRICK S. CLARK, Petitioner, v. WILLIE O. SMITH, Respondent.

GEORGE CARAM STEEH

HON. GEORGE CARAM STEEH

ORDER DENYING PETITIONER'S

MOTION FOR APPOINTMENT OF COUNSEL

Petitioner Delandrick S. Clark, a state prisoner confined at the Carson City Correctional Facility in Carson City, 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.

Accordingly, the Court DENIES Petitioner's "Motion for Appointment of Counsel" [dkt. # 2].

SO ORDERED.

____________________

GEORGE CARAM STEEH

UNITED STATES DISTRICT JUDGE

CERTIFICATE OF SERVICE

Copies of this Order were served upon attorneys of record on

September 4, 2013, by electronic and/or ordinary mail and

also on Delandrick Clark #518017, Carson City Correctional

Facility, 10274 Boyer Road, Carson City, MI 48811.

Barbara Radke

Deputy Clerk