Carter v. Mitchell

Filing 153

ORDER - Without commenting on the ultimate propriety of paying for these services from Criminal Justice Act funds, the Court notes that Ms. Prucha has never been appointed by this Court as counsel for the Petitioner. The application is accordingly denied. Signed by Magistrate Judge Michael R Merz on 03/01/12. (pb1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON CEDRIC CARTER, : Petitioner, Case No. 1:98-cv-853 : District Judge Thomas M. Rose Magistrate Judge Michael R. Merz -vsBETTY MITCHELL, Warden, : Respondent. ORDER This capital habeas corpus case is before the Court on application of Ohio Assistant Public Defender Linda Prucha for payment of attorney fees for the period December 1, 2010, through April 12, 2011, and appears to relate entirely to services rendered on behalf of Petitioner in Ohio clemecny proceedings. Without commenting on the ultimate propriety of paying for these services from Criminal Justice Act funds, the Court notes that Ms. Prucha has never been appointed by this Court as counsel for the Petitioner. The application is accordingly denied. March 1, 2012. s/ Michael R. Merz United States Magistrate Judge -1-

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