Brown v. Epps et al

Filing 2

ORDER Settling Deadlines for Application to Proceed in forma Pauperis and Motion for Appointment of counsel, both to be filed by September 10, 2012. Signed by District Judge Halil S. Ozerden on August 13, 2012 (Rushing, Terryl)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
JOSEPH PATRICK BROWN
VS.

PETITIONER
CIVIL ACTION NO.: 5:12CV91HSO

CHRISTOPHER EPPS, Commissioner,
Mississippi of Corrections; EARNEST LEE,
Superintendent, Mississippi State Penitentiary
at Parchman, Mississippi

RESPONDENTS

ORDER SETTING DEADLINES FOR APPLICATION
TO PROCEED IN FORMA PAUPERIS AND MOTION
FOR APPOINTMENT OF COUNSEL
This matter came before the Court sua sponte to set a deadline for filing an Application to
Proceed in forma pauperis and a Motion for Appointment of Counsel. This is a capital habeas case.
Joseph Patrick Brown was convicted of capital murder in the Circuit Court of Adams Countyfor the
1992 killing of convenience store clerk Martha Day, and he was sentenced to death. He appealed
his conviction and sentence to the Mississippi Supreme Court, which affirmed both. Brown v. State,
682 So. 2d 340 (Miss. 1996). Brown filed a petition for a writ of habeas corpus with this Court, but
it was dismissed without prejudice, so that Brown could return to state court and exhaust his claims.
Brown v. Puckett, No. 5:97cv97. He subsequently filed a petition for post-conviction relief, which
the Mississippi Supreme Court denied. Brown v. State, 88 So. 3d 726 (Miss. 2012). Brown then
returned to this Court and filed an Amended Petition for Writ of Habeas Corpus in Cause No.
5:97cv97. Because that case had been closed, the Court has reopened this matter with a new case
number, and Brown’s Amended Petition has been filed in this case.
Brown’s Amended Petition was filed by his post-conviction counsel, James W. Craig, who
has expressed a desire to be appointed in this case. Before counsel may be appointed, however, it

must be established that Brown is financially unable to obtain adequate representation, as
contemplated by 18 U.S.C. § 3599(a)(2). The Court will, therefore, set a deadline by which Brown
should submit his Application to Proceed in forma pauperis and his Motion for Appointment of
Counsel. Given the seriousness and complexity of this case, the Court is inclined to appoint cocounsel for this matter and will consider Brown’s recommendation for a second attorney. When
counsel is appointed, the Court will set a briefing schedule for this matter.
IT IS, THEREFORE, ORDERED that Petitioner submit his Application to Proceed in forma
pauperis and his Motion for Appointment of Counsel on or before September 10, 2012.
IT IS SO ORDERED, this the 13th day of August, 2012.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE

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