Apelt, et al v. Schriro, et al

Filing 227

ORDER granting 224 Motion for Substition of Counsel, but denying ex parte status to the motion as counsel for Petitioner did not properly comply with the requirements of LRCiv 83.3(b)(1). Patrick McGillicuddy, Esq., is withdrawn as co-counsel for P etitioner in this matter. IT IS FURTHER ORDERED appointing Emily Skinner, Esq., Arizona Capital Representation Project, 131 East Broadway Blvd., Tucson, Arizona, 85701, as co-counsel for Petitioner. (See document for full details). Signed by Judge Roslyn O Silver on 5/12/10.(LAD)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

Michael Apelt, Petitioner, vs. Charles L. Ryan, et al., Respondents.

) No. CV-98-0882-PHX-ROS ) ) DEATH PENALTY CASE ) ) ORDER ) ) ) ) ) ) )

Pursuant to LRCiv 83.3(b)(2), counsel for Petitioner, Dana Carpenter, moves to substitute Emily Skinner, Esq., for Patrick McGillicuddy, Esq., as co-counsel for Petitioner in this matter. (Dkt. 224.) Good cause appearing, IT IS HEREBY ORDERED granting Petitioner's motion for substitution of counsel, but denying ex parte status to the motion as counsel for Petitioner did not properly comply with the requirements of LRCiv 83.3(b)(1). (Dkt. 224.) Patrick McGillicuddy, Esq., is withdrawn as co-counsel for Petitioner in this matter. Mr. McGillicuddy shall submit any outstanding interim voucher for payment within thirty (30) days of this Order. IT IS FURTHER ORDERED that Mr. McGillicuddy file an affidavit within ten (10) days certifying that he has complied with LRCiv 83.2(e), incorporating the State Rules of Professional Conduct, in particular, E.R. 1.16.

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IT IS FURTHER ORDERED appointing Emily Skinner, Esq., Arizona Capital Representation Project, 131 East Broadway Blvd., Tucson, Arizona, 85701, as co-counsel for Petitioner. IT IS FURTHER ORDERED denying Petitioner's request that Ms. Skinner be appointed nunc pro tunc to January 13, 2010. Ms. Skinner shall be appointed as of the date of this Order, at the rate of $140 per hour. See General Order No. 10-01 (D. Ariz. Jan. 8, 2010). DATED this 12th day of May, 2010.

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