Grayson v. Epps, et al

Filing 39

ORDER granting 37 Motion Set a Renewed Briefing Schedule, Petitioner to file Amended Petition on or before December 16, 2013, and other deadlines to run from that filing; granting 38 Motion to Substitute Attorney. Added attorney Glenn S. Swartzfager for Blayde Grayson. Attorney Michael Adelman terminated Signed by District Judge Carlton W. Reeves on September 16, 2013 (Rushing, Terryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
BLAYDE GRAYSON
VS.

PETITIONER
CIVIL ACTION NO. 1:04CV708CWR

CHRISTOPHER EPPS, Commissioner,
Mississippi Department of Corrections;
LAWRENCE KELLY, Superintendent,
Mississippi State Penitentiary and JIM
HOOD, Attorney General of the State
of Mississippi

RESPONDENTS

ORDER LIFTING STAY AND SETTING BRIEFING SCHEDULE
This matter came before the Court on Petitioner’s Notice of Finality of State Court
Proceedings and Motion to Set a Renewed Briefing Schedule, by which Grayson has notified the
Court that his successive petition for post-conviction relief has been denied by the Mississippi
Supreme Court. That being the case, the Court is of the opinion that the Motion should be granted
and a new briefing schedule should be set.
Grayson has also filed a Motion to Substitute Appointed Counsel, by which he asks that
Glenn S. Swartzfager be appointed to replace Michael Adelman in this matter. The Court is advised
that Mr. Adelman consents to this substitution. Mr. Swartzfager is not a member of this Court’s
Capital Habeas Panel; however, he has served as the Director of the Mississippi Office of Capital
Post-Conviction Counsel and has submitted an application for admission to the Panel. Having
reviewed the application, the Court is of the opinion that Swartzfager qualifies for appointment under
18 U.S.C. § 3599(d) and anticipates that he will be admitted to the Panel. For these reasons, the
Motion to Substitute Appointed Counsel will be granted.

IT IS, THEREFORE, ORDERED, as follows:
1.

Grayson’s Motion to Set a Renewed Briefing Schedule [Doc. #37] is hereby granted,
and Grayson’s amended petition for writ of habeas corpus must be filed on or before
December 16, 2013.

3.

Grayson’s Motion to Substitute Appointed Counsel [Doc. #38] is hereby granted,
and Glenn Swartzfager will be substituted as counsel for Michael Adelman in this
matter. To prevent unnecessary duplication of work, Norris will serve as lead
counsel and will monitor the joint work in this. The CJA Administrator of this Court
will be notified of this appointment, and all requests for compensation and/or
reimbursement of expenses shall be submitted on the proper CJA forms, and payment
will be determined in accordance with CJA procedures in effect in this District. The
appointments herein made are granted for the purpose of preparing, filing, and
otherwise litigating Grayson’s petition for habeas corpus in federal court and every
subsequent stage of available judicial proceedings.

IT IS FURTHER ORDERED that, after Petitioner’s attorneys file the amended petition,
Respondents shall answer that petition within sixty days. Respondents shall file, within thirty days
of service of the answer, a complete copy of any additions to the state court record that have resulted
from the additional state court proceedings . Petitioner must file and serve, not later than sixty days
after service of the answer, a memorandum of law in support of his amended petition. Respondents
must file a responsive memorandum within sixty days of service of the Petitioner’s supporting
memorandum, and Petitioner may serve a reply to the response within thirty days of service of the
response.
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IT IS SO ORDERED, this the 16th day of September, 2013.

/s/ Carlton W. Reeves
Hon. Carlton W. Reeves
United States District Court Judge

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