Opinion
Case No. 1:06-CV-357-AWI-P
01-23-2012
COLIN RAKER DICKEY, Petitioner, v. MICHAEL MARTEL, Acting Warden of San Quentin State Prison, Respondent.
DEATH PENALTY CASE
Order Granting Request by
Petitioner's Counsel to be Relieved
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 before the California Supreme Court.
Lead counsel for Dickey, Kerry R. Bensinger, filed notice January 17, 2012, that he was appointed to be a Los Angeles County Superior Court Judge about December 22, 2011, and as such can no longer act as counsel of record for Dickey and seeks to be relieved.
Good Cause Having Been Shown,
Kerry R. Bensinger is relieved as counsel of record for Petitioner Colin 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.
Anthony W. Ishii
Chief United States District Judge