STERLING ATKINS v. E.K. MCDANIEL (DEATH PENALTY)

Filing 126

ORDER that 125 Motion to Withdraw as Attorney by Attorney Marc P Picker. Signed by Judge James C. Mahan on 7/26/13. (Copies have been distributed pursuant to the NEF: cc B. Price - MMM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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STERLING ATKINS,

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Petitioner,

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vs.

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RENEE BAKER, et al.,

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Respondents.

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2:02-cv-1348-JCM-PAL
ORDER

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In this capital habeas corpus action, the petitioner, Sterling Atkins, is represented by

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attorney Marc Picker. The action is currently stayed, pending post-conviction proceedings in state

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court. See Order entered April 30, 2010 (ECF No. 119).

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On July 6, 2013, Mr. Picker filed a motion to be relieved as counsel of record (ECF

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No. 125). In that motion, Mr. Picker requests that he be discharged from his representation of

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Mr. Atkins in this case. Mr. Picker states that he is now employed by the Washoe County Alternate

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Public Defender’s Office, and that he is therefore no longer able to represent Mr. Atkins in this case.

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Good cause appearing, the court will grant the motion of Mr. Picker to be relieved as counsel.

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The court will undertake to identify and appoint new counsel for Mr. Atkins in this case.

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The discharge of Mr. Picker from his representation of Mr. Atkins in this federal habeas

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corpus action has no bearing on Mr. Atkins’ representation in the ongoing state-court proceedings.

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Mr. Atkins’ representation in those proceedings is a matter within the jurisdiction of the state courts.

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Any change in Mr. Atkins’ representation in the state court proceedings must be made by the state

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courts.

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IT IS THEREFORE ORDERED that the motion to be relieved as counsel of record (ECF

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No. 125) is GRANTED. Attorney Marc Picker is discharged from his representation of the

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petitioner in this federal habeas corpus action.

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26th
Dated this _____ day of July, 2013.

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UNITED STATES DISTRICT JUDGE
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