Cooper v. Epps et al

Filing 42

ORDER appointing counsel nunc pro tunc. Signed by District Judge Sharion Aycock on 7/21/2017. (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 APPOINTING COUNSEL
This matter is before the Court, sua sponte, for consideration of the appointment of
counsel in this cause. After the United States Court of Appeals for the Fifth Circuit appointed
attorney A.E. Harlow, Jr., as counsel for Petitioner Manuel Cooper and subsequently entered
judgment remanding this case for a determination as to whether Cooper is entitled to equitable
tolling of the one-year limitations period applicable to his federal habeas petition, this Court held
an evidentiary hearing at which Cooper was represented by Attorney Harlow. See Docs. # 28,
#29, #30, & #41. Following the hearing, this Court determined that Cooper is entitled to have
the limitations period equitably tolled and ordered Respondents to file an answer to the petition.
See Doc. #41.
On its face, the order appointing Attorney Harlow ended upon conclusion of Cooper’s
appeal. However, Cooper, an indigent prisoner, was also entitled to counsel at the evidentiary
hearing held by this Court. See Rule 8(c) of Rules Governing § 2254 Cases. Accordingly, to
ensure that Attorney Harlow is compensated for the assistance he has rendered, the Court
appoints Attorney Harlow as counsel for Cooper nunc pro tunc to March 10, 2017, the date on
which an evidentiary hearing was ordered in this matter. See, e.g., Doc. #30. The Court

additionally finds that it is in the interests of justice to allow Attorney Harlow’s representation of
Cooper to continue. See 18 U.S.C. § 3006A(a)(2)(B). Therefore, it is ORDERED:
1. That A.E. Harlow, Jr., Harlow Law Firm, 850 Lakeview Drive, Grenada, Mississippi,
38901is hereby appointed counsel for Petitioner nunc pro tunc to March 10, 2017.
2. That the Clerk is DIRECTED to send Attorney Harlow the vouchers and forms
necessary to obtain reimbursement for fees and compensation for services rendered in
connection with this cause.
THIS the 21st day of July, 2017.
/s/ Sharion Aycock
U.S. DISTRICT JUDGE

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