Cooper v. Epps et al

Filing 30

ORDER ON EVIDENTIARY HEARING. Signed by District Judge Sharion Aycock on 3/10/2017. (psk)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
MANUEL COOPER
V.

PETITIONER
CIVIL ACTION NO.: 3:14CV119-SA-RP

MARSHALL FISHER and
ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI

RESPONDENTS

ORDER
This matter is before the Court on remand from the Fifth Circuit Court of Appeals for an
evidentiary hearing to determine whether Petitioner can establish facts in support of equitable
tolling. As directed by the Fifth Circuit, the Court will hold a hearing and hear evidence relevant
to (1) whether Petitioner’s counsel, John R. McNeal, Jr., was paid in full to submit a state postconviction application and a federal habeas application on Petitioner’s behalf, (2) counsel’s
alleged misrepresentations to Petitioner regarding the status of his habeas proceedings, and (3)
the reasonableness of Petitioner’s reliance on those representations. A notice setting the hearing
will issue separately.
SO ORDERED this 10th day of March, 2017.
/s/ Sharion Aycock
U.S. DISTRICT JUDGE