Crawford v. Warren

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION DARRIN CRAWFORD, #193496, Petitioner, v. CASE NO. 2:18-CV-13159 HON. GEORGE CARAM STEEH PAT WARREN, Respondent. ___________________________/ ORDER DENYING THE MOTION FOR APPOINTMENT OF COUNSEL Michigan prisoner Darrin Crawford (“petitioner”) has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. This

matter is before the Court on the petitioner’s motion for appointment of counsel. The respondent has filed an answer to the petition, as amended, and the state court record. The petitioner has recently filed a reply to that answer.

The petitioner seeks the appointment of counsel because he is uneducated in the law, he no longer has access to prison legal writers, and he cannot afford counsel. A petitioner has no absolute right to be

represented by counsel on federal habeas review. See Abdur-Rahman v. Michigan Dept. of Corrections, 65 F.3d 489, 492 (6th Cir. 1995); see also -1- 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) (quoting United States v. Madden, 352 F.2d 792, 793 (9th Cir. 1965)). As noted, the petitioner has submitted hisamended habeas petition and a reply to the

respondent’s answer. No further pleadings are required by the parties. Moreover, an initial review of the case indicates that the appointment of counsel is not necessary at this time. Accordingly, the Court DENIES the

motion for appointment of counsel. IT IS SO ORDERED. Dated: August 22, 2019

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 22, 2019, by electronic and/or ordinary mail and also on Darrin Crawford #193496, Macomb Correctional Facility, 34625 26 Mile Road, New Haven, MI 48048. s/Barbara Radke Deputy Clerk -2-