Dickey v. Ylst
Filing
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ORDER GRANTING Request by Petition's Second Counsel to be Relieved and REFERRING Case to Selection Board signed by Chief Judge Anthony W. Ishii on 6/1/2012. (Sant Agata, S)
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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.
KEVIN CHAPPELL*, 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 Second 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 Kevin Chappell’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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During the pendancy of Dickey’s second state habeas petition, filed July 21, 2008,
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* Kevin Chappell 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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lead counsel for Dickey, Kerry R. Bensinger, filed notice that he was appointed
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to be a Los Angeles County Superior Court Judge about December 22, 2011. Mr.
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Bensinger was relieved as counsel of record January 23, 2012. Dickey’s second
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state habeas petition was summarily denied by the California Supreme Court
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May 23, 2012.
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Second Counsel Elizabeth Piliavin-Godwin filed notice May 31, 2012, that
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she accepted employment with the United States District Court for the Central
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District of California, that she can no longer act as counsel for Dickey, and that
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she seeks to be relieved as counsel of record.
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Good Cause Having Been Shown,
Elizabeth Piliavin-Godwin is relieved as counsel of record for Petitioner
Colin Raker Dickey.
This matter is referred to the Selection Board of the Eastern District of
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California for recommendation of new second counsel, as well as new lead
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counsel, to represent Dickey.
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IT IS SO ORDERED.
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DATED:
June 1, 2012
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/s/ Anthony W. Ishii
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Chief United States District Judge
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OApptCnsl3Dky
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