Hines v. Ylst

Filing 347

ORDER signed by Magistrate Judge Edmund F. Brennan on 10/18/2018 GRANTING the 346 motion to withdraw as attorney and REFERRING this matter to Selection Board for the United States District Court for the Eastern District of California to recomme nd qualified replacement counsel for appointment by this court. The Clerk shall serve a copy of this order on: (1) Kurt Heiser, CJA Administrator, Office of the Federal Defender; and (2) Kelly Culshaw, Capital Habeas Unit, Office of the Federal Defender. (cc: Kurt Heiser; Kelly Culshaw, Habeas Unit) (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GARY DALE HINES,

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No. 2:98-cv-0784-TLN-EFB DP

Petitioner,
v.

DEATH PENALTY CASE

MICHAEL MARTEL, Warden of San
Quentin State Prison,

ORDER

Respondent.

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Petitioner is a prisoner on California’s Death Row seeking a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. He is currently represented by attorneys Mary Louise Frampton

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and Scott W. Williams. On September 26, 2018, Ms. Frampton filed a motion to withdraw as

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attorney for petitioner. ECF No. 346. She states that the responsibilities associated with her

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position – accepted in January of 2017 – as a professor at King Hall School of Law, University of

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California, Davis are beyond those contemplated by a normal, full-time position. Id. at 2. Those

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responsibilities include teaching and directorship of the Aoki Center for Critical Race and Nation

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Studies. Id. As a consequence, she can no longer devote adequate time to these capital habeas

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proceedings.

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Ms. Frampton states that petitioner has been notified of her intent to withdraw. Id. Mr.
Williams remains petitioner’s counsel. Id. Finally, potential replacement counsel has been
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identified by the Federal Public Defender of the Eastern District of California. Id. Ms. Frampton

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asks that the court refer this matter to the Selection Board for recommendation of replacement

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counsel. Id.

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Good cause being shown, it is HEREBY ORDERED that:

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1. The motion to withdraw (ECF No. 346) is GRANTED;

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2. This matter is referred to the Selection Board for the United States District Court for

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the Eastern District of California to recommend qualified replacement counsel for appointment by

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this court; and

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3. The Clerk of Court is directed to serve a copy of this order on: (1) Kurt Heiser, CJA

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Administrator, Office of the Federal Defender; and (2) Kelly Culshaw, Capital Habeas Unit,

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Office of the Federal Defender.

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DATED: October 18, 2018.

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