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 UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION

DWIGHT RASHAD,

Petitioner, Civil No. 2:08-14983

HONORABLE VICTORIA A. ROBERTS

v. UNITED STATES DISTRICT JUDGE

BLAINE LAFLER,

Respondent,

________________________________/ 

ORDER DENYING THE MOTION FOR THE APPOINTMENT OF COUNSEL

Before the Court is habeas petitioner Dwight Rashad ’s motion for the appointment

of counsel. 

The Court will deny the motion for the appointment of counsel. There is no

constitutional right to counsel in habeas proceedings. Cobas v. Burgess, 306 F. 3d 441,

444 (6th Cir. 2002). The decision to appoint counsel for a federal habeas petitioner is

within the discretion of the court and is required only where the interests of justice or due

process so require. Mira v. Marshall, 806 F. 2d 636, 638 (6th Cir. 1986). “Habeas corpus

is an extraordinary remedy for unusual cases” and the appointment of counsel is therefore

required only if, given the difficulty of the case and petitioner’s ability, the petitioner

could not obtain justice without an attorney, he could not obtain a lawyer on his own, and

he would have a reasonable chance of winning with the assistance of counsel. See

Thirkield v. Pitcher, 199 F. Supp. 2d 637, 653 (E.D. Mich. 2002). Appointment of

counsel in a habeas proceeding is mandatory only if the district court determines that an

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evidentiary hearing is required. Lemeshko v. Wrona, 325 F. Supp. 2d 778, 787 (E.D.

Mich. 2004). If no evidentiary hearing is necessary, the appointment of counsel in a

habeas case remains discretionary. Id.

Counsel may be appointed, in exceptional cases, for a prisoner appearing pro se in

a habeas action. Lemeshko, 325 F. Supp. 2d at 788. The exceptional circumstances

justifying the appointment of counsel to represent a prisoner acting pro se in a habeas

action occur where a petitioner has made a colorable claim, but lacks the means to

adequately investigate, prepare, or present the claim. Id. 

In the present case, Petitioner has filed a fifteen page petition for writ of habeas

corpus, in which he raises six claims for relief. Petitioner has cited to numerous federal

and state cases in his petition. Petitioner has also attached to his petition his application

for leave to appeal to the Michigan Supreme Court and his brief on appeal to the

Michigan Court of Appeals from his direct appeal, as well as various pleadings from his

state post-conviction proceedings. The Court is willing to incorporate the arguments

raised in these appellate court pleadings as part of Petitioner’s application for writ of

habeas corpus. See e.g. Guidroz v. Lynaugh, 852 F. 2d 832, 834 (5th Cir. 1988). Petitioner

has also attached numerous exhibits to his petition. Finally, Petitioner has filed a ten page

reply brief. Petitioner therefore has the means and ability to present his claims to the

court. Furthermore, until the Court reviews the pleadings and the Rule 5 materials filed

in this case, the Court is unable to determine whether an evidentiary hearing is necessary

or required. Thus, the interests of justice at this point in time do not require appointment

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of counsel. 18 U.S.C. § 3006A(a)(2)(B); 28 U.S.C. foll. § 2254, Rules 6(a) and 8(c). 

Accordingly, the Court DENIES the motion for appointment of counsel [Court

Dkt. # 3] without prejudice. The Court will reconsider the motion if, following review of

the responsive pleadings and Rule 5 materials, the Court determines that appointment of

counsel is necessary.

ORDER

Based upon the foregoing, the motion for appointment of counsel is DENIED.

S/Victoria A. Roberts 

Victoria A. Roberts

United States District Judge

Dated: July 17, 2009

The undersigned certifies that a copy of this

document was served on the attorneys of

record and Dwight Rashad by electronic means

or U.S. Mail on July 17, 2009.

s/Carol A. Pinegar 

Deputy Clerk

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