Derrick Cook, Petitioner-appellant, v. Terry Collins, Respondent-appellee, 78 F.3d 584 (6th Cir. 1996)

Derrick Cook, petitioner, appeals the denial by the district court of his motion for the appointment of counsel pursuant to 21 U.S.C. § 848(q) (4) (B), in anticipation of filing a petition for a writ of habeas corpus under 28 U.S.C. §§ 2251 and 2254. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a), and Rule 9(a) of the Sixth Circuit.

Petitioner admits that he has not exhausted his state remedies. In addition, he has counsel in his state case.

Therefore, for the reasons set out in the order of February 17, 1995, from Judge S. Arthur Spiegel, the motion for appointment of counsel on appeal is denied and this appeal is dismissed, without prejudice to the right of the petitioner to reassert his request for counsel on appeal and to file a habeas corpus proceeding under 28 U.S.C. § 2254 after he has exhausted his state remedies.