Morales-Tomas v. USA

Filing 5

ORDER granting 4 Motion to Appoint Counsel, Appointing Eric Walter Kessler(CJA) for Walmar Rocael Morales-Tomas and must file a notice of appearance within 10 days from the filing date of this Order. The Clerk of Court must provide a copy of this Order to the Federal Public Defender's Office for the District of Arizona and attorney Eric Kessler. Signed by Judge David G Campbell on 7/22/16.(LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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United States of America,

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Plaintiff,

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v.

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No. CV 16-01961-PHX-DGC (ESW)
CR 11-01622-PHX-DGC

Walmar Rocael Morales-Tomas,

ORDER

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Defendant/Movant.

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On June 17, 2016, Movant Walmar Rocael Morales-Tomas, who is confined in the

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Cibola County Correctional Center in Milan, New Mexico, submitted a letter to the Court

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seeking relief under the recent Supreme Court decision in Johnson v. United States,

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__U.S.__, 135 S. Ct. 2551(2015). The Court filed the letter in a new § 2255 action. On

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June 22, 2016, the Office of the Federal Public Defender filed a Motion for Appointment

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of CJA Counsel Pursuant to General Order 16-07 (Doc. 4), asking that the Court appoint

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attorney Eric Kessler to “review this case and file an appropriate request for relief under

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Johnson.” The Court will grant the Motion.

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Counsel must file a notice of appearance within 10 days from the filing date of this

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Order. Within 30 days from the filing date of this Order, counsel must file either a

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§ 2255 motion or a notice informing the Court that counsel does not intend to pursue

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relief under § 2255.

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IT IS ORDERED:
(1)

The June 22, 2016 Motion to Appoint Counsel (Doc. 4) is granted.

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(2)

Attorney Eric Kessler is appointed to represent Movant in this matter and

must file a notice of appearance within 10 days from the filing date of this Order.
(3)

Within 30 days from the filing date of this Order, counsel must file either a

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motion under 28 U.S.C. § 2255 or a notice informing the Court that counsel does not

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intend to pursue relief under § 2255.

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(4)

The parties and the Clerk of Court must file all documents related to the

§ 2255 Motion in the civil case.
(5)

The Clerk of Court must provide a copy of this Order to the Federal Public

Defender’s Office for the District of Arizona and attorney Eric Kessler.
Dated this 22nd day of July, 2016.

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