Chatman v. Evans

Filing 62

ORDER signed by Magistrate Judge Carolyn K. Delaney on 03/12/15 ordering that attorney John Balazs is substituted in as attorney of record for plaintiff Larry Chatman. (Plummer, M)

1
2
3
4
5

HEATHER E. WILLIAMS, #122664
Federal Defender
DAVID M. PORTER #127024
Assistant Federal Defender
Designated Counsel for Service
801 I Street, 3rd Floor
Sacramento, California 95814
Telephone: [phone]/Facsimile: [phone]
[e-mail]

6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

LARRY A. CHATMAN,

12
13
14

Petitioner,
v.
RICK HILL,

15

Respondent.

16

)
)
)
)
)
)
)
)
)
)

Case No. 2:10-cv-264 KJM CKD
REQUEST FOR SUBSTITUTION OF
COUNSEL & ORDER
Judge: HON. CAROLYN K. DELANEY

17

Pursuant to Local Rule 182, Assistant Federal Defender David M. Porter

18

requests this Court enter the order lodged with this request appointing John Balazs

19

to represent petitioner, LARRY A. CHATMAN, in the above-entitled matter.

20

On January 19, 2012, this Court dismissed the petition for writ of habeas

21

corpus, and Mr. Chatman, who was appearing pro se, filed a notice of appeal. The

22

Ninth Circuit Court of Appeal subsequently granted a certificate of appealability

23

and appointed the Office of the Federal Defender to represent Mr. Chatman on

24

appeal.

25

On November 26, 2014, the Ninth Circuit reversed this Court’s decision and

26

remanded the case for further proceedings. The mandate issued on January 27,

27
28

2015. On February 3, 2015, the Ninth Circuit issued an order noting that it was in
receipt of Mr. Chatman’s pro se motion for appointment of counsel “on appeal,”

1

which was filed before the Court issued its mandate. The Court denied the motion

2

as unnecessary, but suggested that
[i]f appellant wishes to have the Federal Public Defender’s Office
represent him in proceedings in the district court, appellant should
communicate with counsel, who can file a motion in the district court
for appointment of counsel in the district court, with an indication that
the court of appeals found that substantial legal issues may exist
which would warrant the assistance of counsel.

3
4
5
6
7
8
9

Mr. Chatman has subsequently affirmed that he wishes to have counsel
represent him in the district court. The Office of the Federal Defender cannot
accept appointment because of its current caseload; however, the undersigned has
communicated with Attorney John Balazs, who has agreed to accept

10

representation. Mr. Balazs’ address is: Law Offices of John Balazs, 916 2nd St

11

#F, Sacramento, CA 95814, and his telephone number is [phone]. He has

12

authorized the undersigned to sign this request on his behalf.

13
14

Accordingly, Mr. Porter requests the court enter the order lodged below.
Dated: March 12, 2015

15

Respectfully submitted,

16

HEATHER E. WILLIAMS
Federal Defender

17

/s/ David M. Porter
DAVID M. PORTER
Assistant Federal Defender

18
19
20
21

///
///

22
23

///

24

///

25

///

26
27

///

28

///

1

I have been informed that the situation is as described above and will accept

2

appointment as counsel of record for Mr. Chatman.

3

Dated: March 12, 2015
/s/ John Balazs
JOHN BALAZS

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

IT IS SO ORDERED.
Dated: March 13, 2015
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE