CROMARTIE (DEATH PENALTY) v. GEORGIA DIAGNOSTIC AND CLASSIFICATION PRISON
ORDER GRANTING 8 Motion to Appoint Counsel and GRANTING 11 Motion to Withdraw as Attorney. Attorney BRIAN S KAMMER terminated. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 4/14/2014. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
RAY JEFFERSON CROMARTIE,
WARDEN, GEORGIA DIAGNOSTIC
AND CLASSIFICTION PRISON,
CIVIL ACTION NO. 7:14-CV-39 (MTT)
Pending before the Court are Brian S. Kammer’s motion to withdraw and Martin
McClain’s motion for appointment of counsel. (Docs. 8, 11).
In an Order dated March 24, 2014, the Court, pursuant to 18 U.S.C. § 3599,
appointed Kammer to represent Cromartie. (Doc. 6). On April 1, 2014, Respondent
filed a motion to dismiss Cromartie’s 28 U.S.C. § 2254 petition as untimely. (Doc. 9). In
his motion to withdraw, Kammer explains that he may have filed Cromartie’s federal
habeas petition untimely under the provisions of 28 U.S.C. § 2244(d)(1)(A), and,
therefore, his conduct may be at issue in determining whether an equitable remedy is
available to Cromartie. (Doc. 11 at 2). He requests to withdraw due to this conflict.
Kammer’s motion to withdraw is GRANTED.
McClain, who practices law with the firm McClain & McDermott, P.A., of Wilton
Manors, Florida, has requested that he be appointed to represent Cromartie. (Doc. 8).
Cromartie has been advised of Kammer’s intention to withdraw and has consented to
substitution of McClain as his counsel. (Doc. 11 at 2).
McClain has represented Cromartie since 2001, representing him in
post-conviction proceedings seeking habeas relief in Georgia state courts. (Doc. 8 at
8-9). He is, therefore, thoroughly familiar with the state court record in Cromartie’s case.
(Doc. 8 at 9). McClain meets the requirements of 18 U.S.C. § 3599(c) because he has
“been admitted to practice in the court of appeals for not less than five years, and … [has]
had not less than three years experience in the handling of appeals in that court in felony
cases.” 18 U.S.C. § 3599(c); (Doc. 8 at 7-8). Thus, he qualifies for appointment.
Accordingly, pursuant to 18 U.S.C. § 3599, McClain’s motion for appointment of
counsel is GRANTED. (Doc. 8).
McClain will be compensated at the rate approved by the Administrative Office of
the United States Courts, which is $180.00 an hour, for both in court and out-of-court time.
Instructions regarding procedures for obtaining investigative, expert, or other services
necessary for representation of Cromartie; limitations on fees for such services;
submission of vouchers; and reimbursement of out-of-pocket expenses are detailed in
the Court’s March 24, 2014 Order and remain in effect. (Doc. 6).
SO ORDERED, this 14th day of April, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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