Dickey v. Ylst

Filing 77

ORDER APPOINTING Replacement Counsel to Represent Petitioner signed by Chief Judge Anthony W. Ishii on 6/12/2012. Attorney David A Senior for Colin Raker Dickey added. (Sant Agata, S)

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1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 COLIN RAKER DICKEY, 14 15 16 Petitioner, vs. KEVIN CHAPPELL, Acting Warden of San Quentin State Prison, 17 Respondent. 18 ) ) ) ) ) ) ) ) ) ) ) Case No. 1:06-CV-357-AWI-P DEATH PENALTY CASE Order Appointing Replacement Counsel to Represent Petitioner 19 20 Petitioner Colin Raker Dickey (“Dickey”) filed his federal petition October 21 4, 2007. Dickey’s federal petition was determined to contain unexhausted claims. 22 Respondent’s motion to dismiss for lack of exhaustion was denied, and Dickey’s 23 motion for stay and abeyance was granted May 21, 2008. During the pendancy of 24 Dickey’s second state habeas petition, filed July 21, 2008, lead counsel for Dickey, 25 Kerry R. Bensinger, filed notice that he was appointed to be a Los Angeles 26 County Superior Court Judge about December 22, 2011. Mr. Bensinger was 1 2 relieved as counsel of record January 23, 2012. Dickey’s second state habeas petition was summarily denied by the 3 California Supreme Court May 23, 2012. Second Counsel Elizabeth Piliavin- 4 Godwin filed notice May 31, 2012, that she accepted employment with the United 5 States District Court for the Central District of California, and was relieved as 6 counsel of record June 1, 2012. 7 The Selection Board for the Eastern District of California has recommended 8 the appointment of David Senior, McBreen & Senior, 1900 Avenue of the Stars, 9 11th Floor, Los Angeles, California, 90067, (310) 552-5300, to represent Dickey. 10 The Guide to Case Management and Budgeting in Capital Habeas Cases, 11 Eastern District of California, Fresno Division (hereafter the “Attorney Guide”) 12 provides an overview of the process for capital habeas corpus cases in this Court. 13 Upon receipt of this order, Mr. Senior shall familiarize himself with Local Rule 14 191 of the United States District Court for the Eastern District of California, and 15 with the Attorney Guide, both of which are posted on the Court’s website.1 16 A telephonic Case Management and Budgeting Conference (“CMC”) shall 17 be set by counsel for Dickey and held within 30 days of the date of this order. 18 Counsel shall be prepared to discuss the status of receipt of the record and files 19 from prior counsel, and the necessary schedule for the next phase of litigation in 20 this case. 21 Mr. Senior shall complete and submit a Rate Justification Worksheet 22 (Appendix A to the Attorney Guide), with an application to establish a rate of 23 reimbursement. See Attorney Guide, ¶ 8. This document may be submitted to 24 25 26 1 The Local Rules are posted on the Court’s website under their own tab, and the Attorney Guide is posted under Attorney Info, Fresno, Forms, CJA. The Four Phase version will be applicable to this case. OApptCnsl4Dky 2 1 the Court confidentially, and shall be filed at least seven days prior to the date of 2 the Case Management Conference. 3 4 5 6 Good Cause Having Been Shown, David Senior is appointed as counsel of record for Petitioner Colin Raker Dickey. 7 8 IT IS SO ORDERED. 9 10 DATED: June 12, 2012 11 /s/ Anthony W. Ishii 12 Chief United States District Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 OApptCnsl4Dky 3

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