Parrish v. Wetzel et al

Filing 9

ORDER granting motion for leave to proceed IFP 1 , appointing Capital Habeas Unit of FPD for MDPA & Jennifer Merrigan, Esq., to represent ptnr Parrish in captioned action, & directing cnsl for ptnr to file status rpt apprising ct of procedural posture of ptnr's state court proceedings & any other pertinent matters by 11/19/14. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/3/14. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MICHAEL JOHN PARRISH,
Petitioner
v.
JOHN E. WETZEL, Secretarydesignee, Pennsylvania Department
of Corrections; ROBERT
GILMORE, Superintendent of the
State Correctional Institution at
Greene; and STEVEN GLUNT,
Superintendent of the State
Correctional Institution at
Rockview,
Respondents

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CIVIL ACTION NO: 1:14-CV-00966
(Chief Judge Conner)

THIS IS A CAPITAL CASE

ORDER

AND NOW, this 3rd day of June, 2014, upon consideration of the motion
for leave to proceed in forma pauperis (Doc. 1), in which petitioner avers that he is
indigent and under a sentence of death, see 28 U.S.C. § 1915(a)(1) (“[A]ny court of
the United States may authorize the commencement . . . of any [action] . . . without
prepayment of fees . . . by a person who submits an affidavit . . . that the person is
unable to pay such fees . . . .”), and requests appointment of counsel (Doc. 1), see 18
U.S.C. § 3599(a)(2) (“In any [proceeding] . . . seeking to vacate or set aside a death
sentence, any defendant who is . . . financially unable to obtain adequate
representation . . . shall be entitled to the appointment of one or more
attorneys . . . .”); see also id. § 3599(a)(2)(c) (“If the appointment [of counsel] is made
after judgment, at least one attorney so appointed must have been admitted to
practice in the court of appeals for not less than five years, and must have had not

less than three years experience in the handling of appeals in that court in felony
cases.”), it is hereby ORDERED that:
1.

The motion for leave to proceed in forma pauperis (Doc. 1) is
GRANTED. See 28 U.S.C. § 1915(a)(1).

2.

The Capital Habeas Unit of the Federal Public Defender office for the
Middle District of Pennsylvania and Jennifer Merrigan, Esquire, are
APPOINTED to represent petitioner Michael John Parrish in the
captioned action. See 18 U.S.C. § 3599(a)(2); see also id. § 3599(a)(2)(c).

3.

Counsel for petitioner shall file a status report apprising the court of
the procedural posture of petitioner’s state court proceedings and any
other pertinent matters on or before November 19, 2014.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania