Morales-Tomas v. USA
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
United States of America,
No. CV 16-01961-PHX-DGC (ESW)
Walmar Rocael Morales-Tomas,
On June 17, 2016, Movant Walmar Rocael Morales-Tomas, who is confined in the
Cibola County Correctional Center in Milan, New Mexico, submitted a letter to the Court
seeking relief under the recent Supreme Court decision in Johnson v. United States,
__U.S.__, 135 S. Ct. 2551(2015). The Court filed the letter in a new § 2255 action. On
June 22, 2016, the Office of the Federal Public Defender filed a Motion for Appointment
of CJA Counsel Pursuant to General Order 16-07 (Doc. 4), asking that the Court appoint
attorney Eric Kessler to “review this case and file an appropriate request for relief under
Johnson.” The Court will grant the Motion.
Counsel must file a notice of appearance within 10 days from the filing date of this
Order. Within 30 days from the filing date of this Order, counsel must file either a
§ 2255 motion or a notice informing the Court that counsel does not intend to pursue
relief under § 2255.
IT IS ORDERED:
The June 22, 2016 Motion to Appoint Counsel (Doc. 4) is granted.
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.
Within 30 days from the filing date of this Order, counsel must file either a
motion under 28 U.S.C. § 2255 or a notice informing the Court that counsel does not
intend to pursue relief under § 2255.
The parties and the Clerk of Court must file all documents related to the
§ 2255 Motion in the civil case.
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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