Eggum v. Uttecht
ORDER granting Petitioner's 82 Motion to Appoint Counsel, The Court appoints Assistant Federal Public Defender Ann Wagner to represent petitioner in these proceedings ; the stay in this matter is TEMPORARILY LIFTED ; RENOTING to 6/9/2017 Peti tioner's 91 MOTION to file Supplemental Brief/NOTICE of Intent to Seek Appointment, Response due 6/5/2017, Reply due 6/9/2017 ; by Hon. Mary Alice Theiler. **2 PAGE(S), PRINT ALL**(Marlow Eggum, Prisoner ID: 879587)(SWT) Modified on 5/17/2017 (SWT). (cc Ann Wagner via email)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
MARLOW TODD EGGUM,
Case No. C14-1328-RAJ-MAT
ORDER APPOINTING COUNSEL,
TEMPORARILY LIFTING STAY, AND
DIRECTING RESPONSE FROM
This is a federal habeas action filed under 28 U.S.C. § 2254. On April 26, 2016, the Court
entered a stay pending resolution of petitioner’s state court proceedings. (See Dkt. 63.) On January
18, 2017, petitioner moved for appointment of counsel. (Dkt. 82.) The Court referred the matter
to the Office of the Federal Public Defender (“FPD”) for review. (Dkt. 83.) On May 12, 2017,
the FPD notified the Court of its intent to seek appointment in this matter. (Dkt. 91.) The FPD
also asked the Court to lift the stay to allow it to file a supplemental brief in support of petitioner’s
habeas petition. (Id.) Based on the foregoing, the Court finds and ORDERS:
Because of the complex issues involved in this case, appointment of counsel would
serve the interest of justice. See 18 U.S.C. § 3006A(a)(2)(B). As required by statute, petitioner
has demonstrated financial eligibility. (Dkt. 91-1.) Accordingly, petitioner’s motion to appoint
ORDER - 1
counsel (Dkt. 82) is GRANTED. The Court appoints Assistant Federal Public Defender Ann
Wagner to represent petitioner in these proceedings.
The stay in this matter (Dkt. 63) is TEMPORARILY LIFTED to allow for briefing
and ruling on petitioner’s motion to file a supplemental brief (Dkt. 91).
Respondent shall file a response to petitioner’s motion to file a supplemental brief
by June 5, 2017. In addition to addressing petitioner’s motion, respondent shall address the
continued appropriateness of the scope of the stay entered on April 26, 2016. Specifically, is it
still necessary to stay this matter pending completion of Washington Court of Appeals Cause Nos.
74284-1, 72194-1, 74621-9, and any other state-court actions petitioner files that are related to his
2009 criminal case and this federal habeas action, or could this action proceed at an earlier time?
Petitioner shall file a reply by June 9, 2017, that also addresses the continued
appropriateness of the scope of the stay entered on April 26, 2016.
The Clerk is directed to NOTE petitioner’s motion to file a supplemental brief (Dkt.
91) for June 9, 2017, and direct copies of this Order to the parties and to the Honorable Richard
DATED this 17th day of May, 2017.
Mary Alice Theiler
United States Magistrate Judge
ORDER - 2
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