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Colin Raker Dickey v. Michael Martel

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA


January 23, 2012

COLIN RAKER DICKEY,
PETITIONER,
v.
MICHAEL MARTEL RESPONDENT.

The opinion of the court was delivered by: Anthony W. Ishii Chief United States District Judge

DEATH PENALTY CASE

Order Granting Request by , Acting Warden Petitioner's Counsel to be Relieved of San Quentin State Prison, and Referring Case to Selection Board

Petitioner Colin Raker Dickey ("Dickey") filed his federal petition October 4, 2007. Dickey's federal petition was determined to contain unexhausted claims. Respondent Michael Martel's motion to dismiss for lack of exhaustion was denied, and Dickey's motion for stay and abeyance was granted May 21, 2008. Dickey's second state habeas petition, filed July 21, 2008, is currently pending ________________ * Michael Martel is substituted for his predecessor as Warden of San Quentin State Prison, pursuant to Federal Rule of Civil Procedure 25(d). 1 before the California Supreme Court. 2 Lead counsel for Dickey, Kerry R. Bensinger, filed notice January 17, 2012, 3 that he was appointed to be a Los Angeles County Superior Court Judge about 4 December 22, 2011, and as such can no longer act as counsel of record for Dickey 5 and seeks to be relieved. 6 7 Good Cause Having Been Shown, 8 Kerry R. Bensinger is relieved as counsel of record for Petitioner Colin 9 Raker Dickey.

This matter is referred to the Selection Board of the Eastern District of California to recommend new lead counsel to represent Dickey.

IT IS SO ORDERED.

20120123

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