Guy v. Baker

Filing 27

ORDER that the motion for substitution of counsel 21 is GRANTED. The Federal Public Defender for the District of Nevada is discharged from the representation of the petitioner in this case. The Federal Public Defender for the Central District of C alifornia is appointed to represent the petitioner in this case. The Federal Public Defender for the Central District of California shall, within 30 days after the date this order, file a Notice of Appearance of Counsel for Petitioner, indicating the ir acceptance of this appointment, or other document indicating that they cannot accept the appointment. The requirements of Local Rule IA 10-2 (Admission to Practice in a Particular Case) shall be waived in this case. Signed by Judge Gloria M. Navarro on 7/10/12. (Copies have been distributed pursuant to the NEF - ECS, cc: Curtis Guy, FPD-CD/CA)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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CURTIS GUY,

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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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2:11-cv-1809-GMN-RJJ
ORDER

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In this capital habeas corpus action, on June 8, 2012, the petitioner, Curtis Guy, filed, under

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seal, a motion for substitution of counsel (ECF No. 21). Subsequently, the court ordered Guy to file

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a supplemental declaration of counsel, under seal, providing a more detailed explanation of the need

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for the substitution of counsel (ECF No. 23).

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On July 3, 2012, Guy’s counsel filed supplemental briefing in support of the motion for
substitution of counsel, under seal, as ordered (ECF No. 26).

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The court has carefully considered the material filed under seal in this case on July 3, 2012

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(ECF No. 26), and determines that, in the interests of justice, substitution of counsel is warranted.

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See Martel v. Clair, 132 S.Ct. 1276, 1284 (2012) (holding that an “interests of justice” standard is to

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be applied to motions for substitution of counsel in capital habeas cases). The motion for

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substitution of counsel will be granted, the Federal Public Defender for the District of Nevada will

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be discharged from its representation of the petitioner, and the Federal Public Defender for the

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Central District of California will be appointed to represent the petitioner.

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The Federal Public Defender for the Central District of California will be directed to file a

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notice of appearance of counsel in this action. After that notice is filed, the court will set a schedule

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for further proceedings.

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IT IS THEREFORE ORDERED that the motion for substitution of counsel (ECF No. 21)
is GRANTED.

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IT IS FURTHER ORDERED that the Federal Public Defender for the District of Nevada is
discharged from the representation of the petitioner in this case.

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IT IS FURTHER ORDERED that the Federal Public Defender for the Central District of
California is appointed to represent the petitioner in this case.

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IT IS FURTHER ORDERED that the Federal Public Defender for the Central District of

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California shall, within 30 days after the date this order, file a Notice of Appearance of Counsel for

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Petitioner, indicating their acceptance of this appointment, or other document indicating that they

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cannot accept the appointment.

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IT IS FURTHER ORDERED that the requirements of Local Rule IA 10-2 (“Admission to

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Practice in a Particular Case”) shall be waived in this case.

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IT IS FURTHER ORDERED that the Clerk of the Court shall SERVE a copy of this
order on each of the following:

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Curtis Guy
#33750
Ely State Prison
P.O. Box 1989
Ely, NV 89301

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Federal Public Defender
Central District of California
321 E. 2nd Street
Los Angeles, CA90012

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Dated this 10th day of July, 2012.
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UNITED STATES DISTRICT JUDGE
AT

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