Freeman v. Thaler

Filing 2

ORDER entered: Freemans Motion For Appointment of Counsel (Docket Entry No. 1) is PROVISIONALLY GRANTED. It is further ORDERED that Donald Vernay, Esq., 1604 Golf Course Road SE, Rio Rancho, NM 87124, and Michael B. Charlton, Esq., PO Box 51075, Eug ene, OR 97405, are appointed to represent Freeman in this habeas corpus proceeding. Finally, it is ORDERED that Freeman, or counsel acting on his behalf, must file proof of Freemans indigency no later than January 31, 2013. Failure to provide proof of indigency will result in revocation of this appointment of counsel. (Signed by Judge Lee H Rosenthal) Parties notified.(leddins, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
JAMES GARRETT FREEMAN,
Petitioner,
v.
RICK THALER,
Director, Texas
Department of Criminal Justice,
Correctional Institutions Division,
Respondent.

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MISC ACTION NO. H-12-765

ORDER PROVISIONALLY GRANTING PETITIONER’S
MOTION FOR APPOINTMENT OF COUNSEL
The petitioner, James Garrett Freeman, is a death row inmate, currently in the custody of the
Texas Department of Criminal Justice. He has filed a motion for the appointment of counsel to
assist him in filing a petition for a writ of habeas corpus.
Title 18 U.S.C. § 3599(a)(2) provides for appointment of counsel in a habeas corpus
proceeding when the petitioner is financially unable to obtain adequate representation on his own.
Freeman has not filed a motion for leave to proceed in forma pauperis or submitted documents
showing that he is financially unable to obtain representation. But because habeas corpus
proceedings are subject to a strict statute of limitations, making it important for counsel to begin
work quickly, this court will provisionally appoint counsel, subject to the petitioner filing proof of
indigency by January 31, 2013.
Freeman’s Motion For Appointment of Counsel (Docket Entry No. 1) is
PROVISIONALLY GRANTED. It is further ORDERED that Donald Vernay, Esq., 1604 Golf
Course Road SE, Rio Rancho, NM 87124, and Michael B. Charlton, Esq., PO Box 51075, Eugene,
OR 97405, are appointed to represent Freeman in this habeas corpus proceeding. Finally, it is

ORDERED that Freeman, or counsel acting on his behalf, must file proof of Freeman’s indigency
no later than January 31, 2013. Failure to provide proof of indigency will result in revocation of this
appointment of counsel.
SIGNED on December 19, 2012, at Houston, Texas.

______________________________________
Lee H. Rosenthal
United States District Judge

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