Dykes v. Ayers

Filing 149

ORDER GRANTING APPLICATION TO WITHDRAW AS COUNSEL granting 146 Motion to Withdraw as Attorney.. (Illston, Susan) (Filed on 6/2/2023)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ERNEST EDWARD DYKES,
Petitioner,

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United States District Court
Northern District of California

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Case No. 11-cv-04454-SI
DEATH PENALTY CASE

v.
MICHAEL MARTEL, Acting Warden,

ORDER GRANTING APPLICATION
TO WITHDRAW AS COUNSEL
Re: Dkt. No. 146

Respondent.

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Before the Court is Phillip A. Treviño’s motion to withdraw as counsel to Petitioner Ernest

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Dykes, filed May 29, 2023. Dkt. No. 146. On May 31 and June 2, 2023, Mr. Treviño filed

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supplemental briefs regarding the motion. The motion is unopposed.

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The decision whether to permit counsel to withdraw is committed to the sound discretion of

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the trial court. See LaGrand v. Stewart, 133 F.3d 1253, 1269 (9th Cir. 1998). The Court has

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reviewed counsel’s filings and finding good cause to do so, the Court hereby GRANTS Phillip A.

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Treviño’s motion to withdraw as counsel.

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IT IS FURTHER ORDERED that this matter be referred to the Selection Board for the

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United States District Court, Northern District of California, for suggestion of one or more counsel

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to be appointed to represent Petitioner in these proceedings.

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Proceedings shall be STAYED until counsel for Petitioner has been appointed.

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IT IS SO ORDERED.

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Dated: June 2, 2023

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SUSAN ILLSTON
United States District Judge