Opinion
Case No.: CV11-7066-VAP
08-30-2011
Martin Navarette, Petitioner, v. MICHAEL MARTEL, Warden of California State Prison at San Quentin, Respondent
DEATH PENALTY CASE
[PROPOSED] ORDER STAYING
EXECUTION OF DEATH SENTENCE AND
REFERRING THE MATTER TO THE
CAPITAL CASE COMMITTEE FOR
SUGGESTION OF APPOINTED COUNSEL
Open request of petitioner, and pursuant to Local Rules 83-17.4 (a) and (b) and 83-17.6 (a) and (c) ,
IT IS HEREBY ORDERED that the execution of petitioner's sentence of death and all court and other proceedings related to the execution of that sentence, including preparation for execution and the setting of an execution date, for ninety days from the date that counsel is appointed to represent the petitioner in this case.
IT IS FURTHER ORDERED, that this matter be referred to the Capital Case Committee for the United States District Court, Central District of California, for appointment of the Federal Defender or other qualified counsel to represent petitioner in these proceedings.
The Clerk of the Court shall serve a certified copy of this order on petitioner; respondent, Michael Martel, Acting Warden of San Quentin Prison; the Clerk of the Los Angeles County Superior Court; James William Bilderback, Deputy Attorney General of the State of California; Steve Cooley [Deputy] District Attorney of Los Angeles County; the Federal Defender for the Central District of California; and Michael G. Millman, Executive Director of the California Appellate Project, San Francisco.
____
UNITED STATES DISTRICT JUDGE
SUBMITTED BY:
Michael Millman
SB 45639
Attorney at Law
On behalf of Petitioner
Martin Navarette
PROOF OF SERVICE
I, Iliana Hernandez, declare that I am a resident or employed in Los Angeles County, California; that my business address is the Office of the Federal Public Defender, 321 East 2nd Street, Los Angeles, California 90012-4202, Telephone No. (213) 894-2854; that I am over the age of eighteen years; that I am not a party to the action entitled above; that I am employed by the Federal Public Defender for the Central District of California, who is a member of the Bar of the United States District Court for the Central District of California, and at whose direction I served a copy of the attached [PROPOSED] ORDER STAYING EXECUTION OF DEATH SENTENCE AND REFERRING THE MATTER TO THE CAPITAL CASE COMMITTEE FOR SUGGESTION OF APPOINTED COUNSEL on the following individual(s) by:
[ ] Placing same in
a sealed envelope
for collection and
interoffice delivery
addressed as
follows:
[ ] Placing same in
an envelope for
hand-delivery
addressed as
follows:
[X] Placing same
in a sealed
envelope for
collection and
mailing via the
United States Post
Office, addressed
as follows:
[ ] Faxing same
via facsimile
machine addressed
as follows:
SEE ATTACHED SERVICE LIST
This proof of service is executed at Los Angeles, California, on August 26, 2011.
I declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge.
Iliana Hernandez
SERVICE LIST
Clerk of the Court
Los Angeles County Superior Court
210 West Temple Street
Los Angeles, CA 90012
Michael Martel
Warden
San Quentin State Prison
San Quentin, CA 94964
Martin Navarette
CDC# H-07300
San Quentin State Prison
San Quentin, CA 94974
Gary B. Wells
Attorney at Law
6083 N. Figarden Drive PMB 203
Fresno, CA 93722-3226
Michael G. Millman
California Appellate Project
101 Second Street, Suite 600
San Francisco, CA 94105
Steve Cooley
Los Angeles District Attorney
210 W. Temple Street, Suite 18000
Los Angeles, CA 90012-3210
James William Bilderback, II
Service Deputy
Office of the Attorney General
300 South Spring Street
Los Angeles, CA 90013
Office of the Federal Public Defender
321 E. 2nd Street
Los Angeles, CA 90012
Death Penalty Law Clerk
United States Courthouse, Room 801
Los Angeles, CA 90012
PROOF OF SERVICE