Randolph v. Beard et al

Filing 63

ORDER denying motion to appt counsel 51 without prejudice & directing that ct will place this matter on hold pending its disposition by Dauphin Co Ct of Common Pleas - if no action taken in Dauphin Co ct w/in 180 days of date of this order ct will schedule matter for a hearing; cnsl of record for ptnr directed to file status rpt as to the procedural posture of this matter in the Dauphin Co ct w/in 45 days of date of this order & every 45 days thereafter if necessary. (See order for complete details.) Signed by Honorable Christopher C. Conner on 04/10/12. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

SAMUEL RANDOLPH,
Petitioner
v.
JOHN E. WETZEL, Secretary,
Pennsylvania Department of
Corrections; LOUIS B. FOLINO,
Superintendent of the State
Correctional Institution at Greene;
and MARIROSA LAMAS,
Superintendent of the State
Correctional Institution at
Rockview,
Respondents

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No. 1:06-CV-0901
(Judge Conner)

THIS IS A CAPITAL CASE

ORDER
AND NOW, this 10th day of April, 2012, upon consideration of the pro se
motion to appoint counsel (Doc. 51), in which petitioner seeks the withdrawal of his
counsel of record and requests that the court reactivate his federal habeas petition
and rule on two exhausted claims, and concluding that this matter would be better
addressed in the first instance in the state courts, where new PCRA counsel has
been appointed to represent petitioner as to his pro se claims, see Commonwealth
v. Randolph, CP-22-CR-0001746-2002 (Pa. C. 2002) (Hoover, J.) (docket sheet
available on http://usjportal.pacourts.us), IT IS HEREBY ORDERED THAT the
motion to appoint counsel (Doc. 51) is DENIED without prejudice. FURTHER, the
court will place this matter on hold pending its disposition by the Dauphin County
Court of Common Pleas. If no action is taken in the Dauphin County court within
180 days of the date of this order, the court will schedule this matter for a hearing.
Counsel of record for petitioner is directed to file a status report as to the

procedural posture of this matter in the Dauphin County court within 45 days of the
date of this order, and every 45 days thereafter, if necessary.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge