Cooper v. Epps et al

Filing 42

ORDER appointing counsel nunc pro tunc. Signed by District Judge Sharion Aycock on 7/21/2017. (psk)

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?