Dickey v. Ylst

Filing 74

ORDER Granting Request by Petitioner's Counsel to be Relieved and Referring Case to Selection Board signed by Chief Judge Anthony W. Ishii on 01/23/2012. Attorney Kerry Randall Bensinger terminated from action.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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COLIN RAKER DICKEY,

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Petitioner,
vs.
MICHAEL MARTEL*, Acting Warden
of San Quentin State Prison,

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Respondent.
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Case No. 1:06-CV-357-AWI-P
DEATH PENALTY CASE
Order Granting Request by
Petitioner’s Counsel to be Relieved
and Referring Case to Selection
Board

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Petitioner Colin Raker Dickey (“Dickey”) filed his federal petition October

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4, 2007. Dickey’s federal petition was determined to contain unexhausted claims.

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Respondent Michael Martel’s motion to dismiss for lack of exhaustion was

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denied, and Dickey’s motion for stay and abeyance was granted May 21, 2008.

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Dickey’s second state habeas petition, filed July 21, 2008, is currently pending

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________________
* Michael Martel is substituted for his predecessor as Warden of San Quentin State
Prison, pursuant to Federal Rule of Civil Procedure 25(d).

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before the California Supreme Court.
Lead counsel for Dickey, Kerry R. Bensinger, filed notice January 17, 2012,

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that he was appointed to be a Los Angeles County Superior Court Judge about

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December 22, 2011, and as such can no longer act as counsel of record for Dickey

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and seeks to be relieved.

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Good Cause Having Been Shown,
Kerry R. Bensinger is relieved as counsel of record for Petitioner Colin
Raker Dickey.
This matter is referred to the Selection Board of the Eastern District of
California to recommend new lead counsel to represent Dickey.

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IT IS SO ORDERED.

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DATED:

January 23, 2012

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/s/ Anthony W. Ishii

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Chief United States District Judge

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OApptCnsl2Dky

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