Zambrano v. Wong

Filing 4

ORDER: that the execution of petitioner's sentence of death and all Court and other proceedings related to the execution of that sentence, including preparation for execution and setting an execution date, are STAYED ninety-days from the day of appointment of counsel. Case referred to Capital Committee for USDC, Northern District of CA, re 1 Application for Stay of Execution. Signed by Judge Saundra Brown Armstrong, on 10/19/09. (lrc, COURT STAFF) (Filed on 10/21/2009) Modified on 10/22/2009 (jlm, COURT STAFF). Modified on 10/22/2009 (jlm, COURT STAFF).

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

) ) Petitioner, ) ) v. ) ) ROBERT K. WONG, Acting Warden of ) California State Prison at San Quentin, ) ) Respondent. ) ) )

ENRIQUE ZAMBRANO,

CASE NO. CV 09-4917 SBA

DEATH PENALTY
ORDER STAYING EXECUTION OF DEATH SENTENCE AND REFERRING THE MATTER TO SELECTION BOARD FOR APPOINTMENT OF COUNSEL

Upon request of petitioner, and pursuant to 28 U.S.C. § 2251(a) and Local Rules 2254-24 and 2254-25, IT IS HEREBY ORDERED that the execution of petitioner's sentence of death and all court and other proceedings related to the execution of that sentence, including preparation for execution and setting an execution date, are stayed. The stay shall be in effect for ninety days from the date that counsel is appointed to represent petitioner in this case. IT IS FURTHER ORDERED that this matter be referred to the Capital Case Committee for the United States District Court, Northern District of California, for suggestion of one or more counsel to be appointed to represent petitioner in these proceedings. The Clerk of the Court shall serve a certified copy of this order on petitioner Enrique Zambrano; respondent Robert K. Wong, Acting Warden of San Quentin Prison; the Clerk of the Alameda County Superior Court; Martin S. Kaye, Deputy Attorney General; Martin Brown,

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Assistant District Attorney of Alameda County; and Michael Millman, Executive Director of the California Appellate Project, San Francisco.

DATED: 10/19/09

_______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ENRIQUE ZAMBRANO, Plaintiff, v. ROBERT K. WONG et al, Defendant. /

Case Number: CV09-04917 SBA CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on October 21, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Enrique Zambrano H-91800 San Quentin State Prison San Quentin, CA 97974 MICHAEL G. MILLMAN CALIFORNIA APPELLATE PROJECT 101 SECOND STREET, STE 600 SAN FRANCISCO CA 94105 MARTIN S. KAYE, ESQ. OFFICE OF THE ATTORNEY GENERAL 455 GOLDEN GATE AVENUE, STE. 11000 SAN FRANCISCO, CA 94102 CLERK ALAMEDA COUNTY SUPERIOR COURT 1225 FALLON STREET OAKLAND, CA 94612 ROBERT K. WONG, WARDEN SAN QUENTIN STATE PRISON SAN QUENTIN CA 94974

MARTIN A BROWN, ESQ, ASSISTANT DISTRICT ATTORNEY 3

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OFFICE OF THE DISTRICT ATTORNEY 1225 FALLON STREET RM. 900 OAKLAND CA 94612 Dated: October 21, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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