Opinion
Case No. 15-20710
08-11-2020
UNITED STATES OF AMERICA, Plaintiff, v. CLIFFORD CONNER, Defendant.
ORDER DENYING DEFENDANT'S REQUEST FOR APPOINTMENT OF COUNSEL (ECF No. 117))
The court received a letter from Defendant Clifford Conner requesting the appointment of counsel, which it will construe as a motion. Conner does not indicate the reason he seeks the assistance of counsel.
The appointment of counsel for postconviction proceedings is a matter of the court's discretion, not a constitutional right. See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Lemeshko v. Wrona, 325 F. Supp. 2d 778, 787 (E.D. Mich. 2004) (court may appoint counsel for habeas petitioner "only where the interests of justice or due process so require"); United States v. Prater, 2020 WL 2616120, at *2 (E.D. Ky. May 22, 2020) ("There is no constitutional right to counsel in proceedings filed under 18 U.S.C. § 3582."). In order to adequately evaluate a request for counsel, the court needs more information so it can determinate whether the appointment of counsel would serve the interests of justice. Lemeshko, 325 F. Supp.2d at 788.
Accordingly, IT IS HEREBY ORDERED that Conner's request for the appointment of counsel is DENIED without prejudice. Dated: August 11, 2020
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
August 11, 2020, by electronic and/or ordinary mail and also
Clifford Connor #51545-039, FCI Hazelton,
Federal Correctional Institution, P.O. Box 5000,
Bruceton Mills, WV 26525.