Espinoza v. Ornoski

Filing 261

ORDER signed by Magistrate Judge Kendall J. Newman on 2/24/16 ORDERING that both Ms. Asaro and Ms. Weinheimer have demonstrated good cause to withdraw from their representation of petitioner. Accordingly, their motions to withdraw (ECF Nos. [258 ] and 259 ) are GRANTED. The Office of the Federal Defender, Capital Habeas Unit, is appointed as substitute counsel for petitioner pursuant to 18 U.S.C. § 3599. See Local Rule 191(c). On Thursday, April 28, 2016, at 10:00 a.m., the unders igned will hold a status conference. The court expects petitioners newly appointed counsel to be prepared to discuss the status of these proceedings. The Clerk of the Court is directed to file under seal the Selection Boards September 14, 2015 letter to the undersigned. The Clerk of the Court shall serve a copy of this order on Kurt Heiser, CJA Administrator, Office of the Federal Defender. (cc Kurt Heiser) (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTONIO ESPINOZA,

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Petitioner,

No. 2:94-cv-1665 JAM KJN (TEMP)
DEATH PENALTY CASE

v.
WARDEN, San Quentin State Prison,

ORDER

Respondent.

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In November 2015, both of petitioner’s attorneys moved to withdraw as counsel for

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petitioner. In February, this court ordered the Selection Board for the Eastern District of

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California to recommend substitute counsel. The Selection Board has done so. Good cause

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appearing, IT IS HEREBY ORDERED as follows:

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1. Both Ms. Asaro and Ms. Weinheimer have demonstrated good cause to withdraw from

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their representation of petitioner. Accordingly, their motions to withdraw (ECF Nos.

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258 and 259) are GRANTED.

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2. The Office of the Federal Defender, Capital Habeas Unit, is appointed as substitute
counsel for petitioner pursuant to 18 U.S.C. § 3599. See Local Rule 191(c).
3. On Thursday, April 28, 2016, at 10:00 a.m., the undersigned will hold a status

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conference. The court expects petitioner’s newly appointed counsel to be prepared to

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discuss the status of these proceedings.
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4. The Clerk of the Court is directed to file under seal the Selection Board’s September

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14, 2015 letter to the undersigned.1

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5.

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The Clerk of the Court shall serve a copy of this order on Kurt Heiser, CJA
Administrator, Office of the Federal Defender.

Dated: February 24, 2016

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Espinoza fd apptmt.or

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While the letter is dated September 14, 2015, it was e-mailed to the undersigned on February 19,
2016.
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