Opinion
3:22-CV-5426-TL-DWC
03-09-2023
ALLEN EUGENE GREGORY, Petitioner, v. DONALD R. HOLBROOK, Respondent.
ORDER DIRECTING RESPONSE
DAVID W. CHRISTEL, CHIEF UNITED STATES MAGISTRATE JUDGE
On February 14, 2023, Petitioner, through counsel, filed a Second Renewed Motion to Appoint Counsel and Motion to Continue Due Date. Dkt. 19. Petitioner seeks appointment of counsel to represent him in this 28 U.S.C. § 2254 action. Id. Specifically, Petitioner requests the Federal Public Defender (“FPD”) and Michael Filipovic, a private attorney, be appointed to represent him. He also requests a six-month continuance to file a traverse. Id. Petitioner states Respondent's counsel informed Mr. Filipovic that Respondent did not oppose a six-month continuance. Id. However, there is no indication Respondent does not oppose appointment of counsel. Respondent did not file a response to the Motion.
After review of Petitioner's Motion, the Court orders Respondent to file a response. The parties are directed to comply with the following briefing schedule:
• Respondent is ordered to file a response to Petitioner's Motion (Dkt. 19) on or before March 20, 2023.
• Petitioner may file an optional reply to Respondent's response on or before March 24, 2023.
The Clerk is directed to re-note Petitioner's Motion (Dkt. 19) and Respondent's Answer (Dkt. 12) for March 24, 2023.