Snyder v. Floyd ( 2022 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION VAN ORION SNYDER, Petitioner, CASE NO. 2:22-CV-10472 V. HONORABLE PAUL D. BORMAN UNITED STATES DISTRICT JUDGE MICHELLE FLOYD, Respondent, OPINION AND ORDER DENYING PETITIONER’S MOTION FOR THE APPOINTMENT OF COUNSEL (ECF NO. 4) Van Orion Snyder, (“Petitioner”), incarcerated at the Cooper Street Correctional Facility in Jackson, Michigan, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging his convictions for first-degree criminal sexual conduct, Mich. Comp. Laws § 750.520b, and being a third felony habitual offender, Mich. Comp. Laws § 769.11. Petitioner filed a motion for the appointment of counsel. (ECF No. 4.) For the reasons stated below, the motion for appointment of counsel is DENIED WITHOUT PREJUDICE. 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). The Court determines that the interests of justice do not require appointment of counsel at this time. ORDER IT IS HEREBY ORDERED that the motion for appointment of counsel (ECF No. 4) is DENIED WITHOUT PREJUDICE. | ih HON. PAUL D. BORMAN UNITED STATES DISTRICT JUDGE DATED: W/\/do0aD