(DP) San Nicolas v. Ayers ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RODNEY JESSE SAN NICOLAS, Case No. 1:06-cv-00942-KES 12 Petitioner, DEATH PENALTY CASE 13 v. ORDER APPOINTING REPLACEMENT COUNSEL 14 CHANCE ANDES, Warden of San Quentin Rehabilitation Center, 15 Respondent.1 16 17 18 Before the Court is the District Selection Board’s recommendation of counsel to 19 replace co-counsel Wesley Van Winkle, who recently withdrew from representing Petitioner in 20 the case. 21 The facts of the case, as reflected in the Court’s docket, are summarized below. 22 In 2006, Petitioner, a state prisoner convicted in 1992 of first degree murder and related 23 offenses and sentenced to death,2 began this federal habeas corpus proceeding pursuant to 28 24 U.S.C. § 2254. 25 In 2007, the Court appointed CJA attorney Wesley Van Winkle and the Office of the 26 1 Chance Andes, acting warden of San Quentin Rehabilitation Center since January 2023, is substituted as Respondent in place of his predecessor wardens. Fed. R. Civ. P. 25(d). 27 2 Stanislaus County Superior Court Case No. 259035. 1 Federal Defender, represented by Assistant Federal Defender Harry Simon, as co-counsel to 2 represent Petitioner in the case. Later that same year, Petitioner filed a “protective” federal 3 habeas corpus petition pursuant to Pace v. DiGuglielmo, 544 U.S. 408, 416 (2005). 4 In 2008, Petitioner filed a federal amended habeas corpus petition raising thirty-seven 5 claims, and a separate sealed federal habeas corpus petition raising three claims, two of which 6 subsequently were dismissed by the Court. That same year, the Court ordered the case stayed 7 and held in abeyance of claim exhaustion in state court. 8 In 2014, Petitioner completed state court exhaustion proceedings. 9 In 2015, Respondent answered the federal amended and sealed habeas corpus petitions. 10 In 2018, the parties completed their respective briefing in support of and opposition to 11 the federal amended and sealed petitions. 12 On January 24, 2024, the Court granted Mr. Van Winkle’s motion to withdraw from 13 representing Petitioner as co-counsel in the case, and referred the case to the District Selection 14 Board for recommendation of replacement counsel. 15 On May 1, 2024, the Selection Board recommended that the Court appoint attorney 16 John Robert Mills. 17 The Court will adopt the recommendation of the Selection Board. 18 ACCORDINGLY, 19 1. John Robert Mills is appointed as co-counsel to represent Petitioner for all 20 purposes in this proceeding pursuant to 18 U.S.C. § 3599. See Local Rule 191(c). Mr. Mills is 21 directed to comply with the e-filing registration requirements of Local Rule 135. 22 2. The Clerk of the Court is directed to file under seal the Selection Board’s 23 May 1, 2024 letter to the Court. 24 3. The Clerk of the Court is directed to serve copies of this order on John Robert 25 Mills, Phillips Black, Inc., 1721 Broadway, Ste 201, Oakland, CA 94612, (Ph) 888-532-0897, 26 (Email) j.mills@phillipsblack.org; counsel for the parties; Chance Andes, Warden of San 27 Quentin Rehabilitation Center, San Quentin, CA 94964; and Connie Garcia, CJA Panel 1 | (Email) Connie_Garcia @fd.org. 2 4. Counsel for Petitioner shall provide him with a copy of this order. 3 4 5 | ISSO ORDERED. _ 6 Dated: _ May 14, 2024 4h . ; UNITED STATES DISTRICT JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28