Beames v. Cullen

Filing 4

ORDER GRANTING 2 : Motion to Proceed IFP; GRANTING Application for Counsel and referred to Federal Defender and the Eastern District Selection Board for either notification that the Federal Defender is available for appointment or recommendation by the Selection Board of other counsel to represent Beames; TEMPORARILY GRANTING Stay of execution until ninty days after counsel is appointed, signed by Chief Judge Anthony W. Ishii on 8/10/2010. (Marrujo, C)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P e titio n e r John Michael Beames ("Beames") is a state prisoner facing capital p u n ish m e n t, proceeding pro se pursuant to 28 U.S.C. § 2254. On August 9, 2010, B e a m e s filed applications for a stay of execution pursuant to Local Rule 81-191(h)(3), for le a v e to proceed in forma pauperis, and for appointment of counsel. Beames has filed a s u p p o rtin g declaration with his request for in forma pauperis status, asserting he is in d ig e n t and has only minimal asserts, and certificate from an officer of the prison stating th e amount of money or securities Beames has on deposit at the prison. E a c h document filed in this case shall be specially marked as follows to facilitate p ro c e ss in g : Directly below the case number in the caption of each document, provide the f o llo w in g label: "DEATH PENALTY CASE" in capital letters and underscored. /// 1 J O H N MICHAEL BEAMES, ) ) P e titio n e r , ) ) vs. ) ) V IN C E N T CULLEN, Acting Warden of ) C a lif o rn ia State Prison at San Quentin, ) ) R e s p o n d e n t. ) _________________________________) C a s e No. 1:10-cv-01429-AWI D E A T H PENALTY CASE N O EXECUTION DATE SET O rd e r Temporarily Granting Stay of E x e c u tio n , Granting In Forma Pauperis M o tio n , and Referring Case to S e le c tio n Board for Recommedation of Counsel U N IT E D STATES DISTRICT COURT E A S T E R N DISTRICT OF CALIFORNIA

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G o o d cause appearing: 1 . Beames' request to proceed in forma pauperis granted; 2 . Beames' application for appointment of counsel under 18 U.S.C. § 3359(a)(2) is granted and the matter is referred to the Federal Defender and the Eastern District S e le c tio n Board for either notification that the Federal Defender, Capital Habeas Unit, is a v a ila b le for appointment, or for the recommendation by the Selection Board of other c o u n s e l to represent Beames in these proceedings; 3 . Beames' request for stay of execution is temporarily granted, and all court and o th e r proceedings related to the execution of his sentence of death, including preparation f o r execution and the setting of an execution date, are stayed until ninty days after counsel is appointed pursuant to 28 U.S.C. § 2251(a)(3).

IT IS SO ORDERED. DATED: August 10, 2010 /s/ Anthony W. Ishii Chief United States District Judge

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