Flanagan v. McDaniel

Filing 140

ORDER. IT IS ORDERED that 138 petitioner's motion for appointment of co-counsel is GRANTED. Mr. Laurence shall have 10 days from the date of entry of this order to enter a notice of appearance in this case. IT IS FURTHER ORDERED that the court grants 138 -2 Mr. Laurence's application for permission to practice pro hac vice in this case. The Clerk shall waive the application fee. IT IS FURTHER ORDERED that 139 petitioner's unopposed motion for extension of time is GRANTED. Petitioner shall have until 5/3/2019, to file his opposition to 131 respondents' motion to dismiss.See Order for details. Signed by Judge Kent J. Dawson on 3/6/2019. (Copies have been distributed pursuant to the NEF - MR)

1
2
3
4
5
6
7

UNITED STATES DISTRICT COURT

8

DISTRICT OF NEVADA

9

***

10

DALE EDWARD FLANAGAN,

11

Petitioner,

Case No. 2:09-cv-00085-KJD-GWF
ORDER

v.

12
13

WILLIAM GITTERE, 1 et al.,

14

Respondents.

15
16

Petitioner Flanagan, through counsel, has filed a motion for appointment of co-counsel.

17

ECF No. 138. Flanagan’s counsel, Mark Olive, asks the court to appoint Michael Laurence to

18

serve as his co-counsel in this case. Counsel represents to the court that Laurence has substantial

19

experience litigating capital habeas cases in both state and federal court, including prior

20

experience representing Flanagan in the U.S. Supreme Court and in state post-conviction

21

proceedings.

22

Mr. Laurence’s resume (ECF No. 138-1) shows that he is qualified to act as petitioner’s

23

co-counsel in this capital habeas case. See 18 U.S.C. § 3599 (b-d). In addition, Mr. Laurence’s

24

appointment will likely expedite the resolution of this case. Good cause appearing, pursuant to

25

18 U.S.C. § 3599(a) and in the interest of justice, the court shall appoint Michael Laurence as co-

26

counsel for the petitioner. Upon accepting the court’s appointment as counsel, Mr. Laurence

27
William Gittere is substituted for Timothy Filson, as the respondent Warden of Ely State Prison. See Fed. R. Civ. P.
25(d).

1

28

1

shall represent petitioner in all future federal proceedings in this court relating to this matter,

2

including subsequent actions, and appeals therefrom, pursuant to 18 U.S.C. § 3599(e), until

3

allowed to withdraw.

4

IT IS THEREFORE ORDERED that petitioner's motion for appointment of co-counsel

5

(ECF No. 138) is GRANTED. Mr. Laurence shall have 10 days from the date of entry of this

6

order to enter a notice of appearance in this case.

7

IT IS FURTHER ORDERED that the court grants Mr. Laurence’s application for

8

permission to practice pro hac vice in this case. ECF No. 138-2. The Clerk shall waive the

9

application fee.

10

IT IS FURTHER ORDERED that no later than 14 days from the date of entry of this

11

order, appointed counsel shall consult with Ninth Circuit CJA Case Managing Attorney Kristine

12

Fox to prepare a budget for the Court’s consideration. See Guide to Judiciary Policy, Vol. 7A,

13

§ 640. Ms. Fox may be reached at 415.355.8985 or [e-mail].

14

IT IS FURTHER ORDERED that petitioner’s unopposed motion for extension of time

15

(ECF No. 139) is GRANTED. Petitioner shall have until May 3, 2019, to file his opposition to

16

respondents’ motion to dismiss (ECF No. 131).

17

DATED:

March 6, 2019

18
19
20

_________________________________________
UNITED STATES DISTRICT JUDGE

21
22
23
24
25
26
27
28
2