Dickey v. Ylst

Filing 96

ORDER Modifying Appointment of Replacement Counsel to Represent Petitioner, signed by District Judge Anthony W. Ishii on 5/20/13. Attorneys Matthew Laurence Weston, Ann-Kathryn Tria for Colin Raker Dickey added. (Verduzco, M)

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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, Warden of San Quentin State Prison, 17 Respondent. 18 ) ) ) ) ) ) ) ) ) ) ) Case No. 1:06-CV-357-AWI-P DEATH PENALTY CASE Order Modifying Appointment of 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, Kevin Chappell, Warden of San Quentin State Prison (“the 23 Warden”) filed a motion to dismiss for lack of exhaustion that was denied, and 24 Dickey’s motion for stay and abeyance was granted May 21, 2008. During the 25 pendency of Dickey’s second state habeas petition, lead counsel for Dickey, Kerry 26 R. Bensinger, was relieved as counsel of record. Dickey’s second state habeas 1 petition was summarily denied by the California Supreme Court May 23, 2012, 2 and second Counsel Elizabeth Piliavin-Godwin was relieved as counsel of record 3 June 1, 2012. David Senior was appointed as replacement counsel to represent 4 Dickey on June 12, 2012. Mr. Senior staffed this case with the assistance of 5 attorneys associated with his firm. 6 7 8 Good Cause Having Been Shown, David Senior will remain appointed as lead counsel of record for Petitioner 9 Colin Raker Dickey. Matthew L. Weston and Ann K. Tria, 1900 Avenue of the 10 Stars, 11th Floor, Los Angeles, California, 90067, are each appointed as second 11 counsel of record for Petitioner Colin Raker Dickey. Gary Sowards is approved 12 to serve as a legal expert consultant in this litigation. 13 14 IT IS SO ORDERED. 15 16 DATED: May 20, 2013 17 /s/ Anthony W. Ishii 18 United States District Judge 19 20 21 22 23 24 25 26 OApptCnsl5Dky 2

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