Opinion
19-cv-00274
01-06-2023
ANTHONY CARR PETITIONER v. NATHAN CAIN, Mississippi Corrections Commissioner; and LYNN FITCH, Attorney General RESPONDENTS
ORDER
DEBRA M. BROWN, UNITED STATES DISTRICT JUDGE
On December 6, 2022, the Court granted in part Anthony Carr's “Motion to Stay and Abey Proceedings” to allow Carr the opportunity to pursue relief in state court on an unexhausted claim in his petition for a writ of habeas corpus. Doc. #47. The December 6 “Opinion and Order” required Carr's counsel to “file in state court a motion for appointment of counsel within thirty (30) days.” Id. at 8.
Doc. #40.
On December 14, 2022, the respondents filed a “Motion for Reconsideration” requesting that the Court “enter a new order lifting the stay and denying Carr's Motion to Stay and Abey these proceedings in totality.” Doc. #48. Carr responded in opposition to the motion for reconsideration on December 28, 2022. Doc. #51.
The respondents initially filed their supporting memorandum as an exhibit to the motion in violation of Local Rule 7(b)(2). See Doc. #48-1. After the Clerk of Court instructed them to file the brief as a separate docket entry, they did so. See Doc. #50.
In violation of Local Rule 7(b)(2)(B), Carr's response included argument and authorities and was not accompanied by a separate memorandum brief. See Doc. #51. At the Clerk of Court's instructions, Carr refiled his response and a separate memorandum brief the next day. Docs. #52, #53.
On December 30, 2022, Carr filed a “Motion for Partial Stay of Opinion and Order [Doc. #47]” seeking (1) “a partial stay of the [December 6] Opinion and Order with respect to its requirement that [his] federal counsel move for appointment in state court by January 5, 2023;” and (2) that “from the date of any order denying Respondents' reconsideration motion [his] federal counsel be permitted an additional twenty-two (22) days to move for appointment in state court.” Doc. #54. at 2. As cause, Carr cites the “pendency of Respondents' request for the overruling of the [December 6] Opinion and Order.” Id. Through an e-mail to the Court from his counsel, Carr represents that his motion for partial stay is unopposed.
Upon consideration, Carr's motion for partial stay [54] is GRANTED. Should the Court deny the respondents' pending motion for reconsideration, Carr's federal counsel must move for appointment in state court within twenty-two (22) days of the entry of the order denying reconsideration.
SO ORDERED.