LANGA v. SECRETARY, DEPARTMENT OF CORRECTIONS, 8:13-CV-2569-T-30AEP. (2014)
Court: District Court, M.D. Florida
Number: infdco20140513h16
Visitors: 3
Filed: May 12, 2014
Latest Update: May 12, 2014
Summary: ORDER JAMES S. MOODY, Jr., District Judge. Before the Court are Petitioner's Motion for Appointment of Counsel and Memorandum of Law and Facts in Support (Dkt. 25) in which Petitioner requests the Court appoint counsel on his behalf to effect discovery, and Motion to Defer Ruling on Motion for Summary Judgment, Pending Receipt of Petitioner's Reply with Memorandum to Support Timeliness of Petition (Dkt. 26) in which Petitioner requests the Court defer ruling on Respondent's motion to dismiss
Summary: ORDER JAMES S. MOODY, Jr., District Judge. Before the Court are Petitioner's Motion for Appointment of Counsel and Memorandum of Law and Facts in Support (Dkt. 25) in which Petitioner requests the Court appoint counsel on his behalf to effect discovery, and Motion to Defer Ruling on Motion for Summary Judgment, Pending Receipt of Petitioner's Reply with Memorandum to Support Timeliness of Petition (Dkt. 26) in which Petitioner requests the Court defer ruling on Respondent's motion to dismiss P..
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ORDER
JAMES S. MOODY, Jr., District Judge.
Before the Court are Petitioner's Motion for Appointment of Counsel and Memorandum of Law and Facts in Support (Dkt. 25) in which Petitioner requests the Court appoint counsel on his behalf to effect discovery, and Motion to Defer Ruling on Motion for Summary Judgment, Pending Receipt of Petitioner's Reply with Memorandum to Support Timeliness of Petition (Dkt. 26) in which Petitioner requests the Court defer ruling on Respondent's motion to dismiss Petitioner habeas petition as time-barred "until his timely reply can be filed." (Id. at p. 1).
Upon consideration, the Court ORDERS that:
1. Petitioner's Motion for Appointment of Counsel and Memorandum of Law and Facts in Support (Dkt. 25) is DENIED without prejudice to Petitioner renewing the motion if the habeas petition is not dismissed as time-barred.
2. Petitioner's Motion to Defer Ruling on Motion for Summary Judgment, Pending Receipt of Petitioner's Reply with Memorandum to Support Timeliness of Petition (Dkt. 26) is GRANTED solely to the extent that the Court will not address the Respondent's motion to dismiss the petition as time-barred until after expiration of Petitioner's deadline for filing a reply/response.
DONE and ORDERD.
Source: Leagle
