Free Order on Motion to Appoint Counsel - District Court of California - California

Case 3:07-cv-04727-MHP

Document 3

Filed 11/07/2007

Page 1 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner Darren Cornelius Stanley, having been sentenced to death by the Superior Court of California in and for the County of Alameda, has filed a request for appointment of counsel and for a stay of execution of his death sentence as well as a request to proceed in forma pauperis. Due to a clerical error, Petitioner's most recent filing was entered as a separate action, No. 3-7-cv-5608-MHP, rather than docketed under the correct case number, No. 3-7-cv-4727MHP. Accordingly, and good cause therefor appearing, the clerk shall close the file in No. 3-7cv-5608-MHP as a duplicative filing and shall docket Petitioner's incorrectly filed document under the correct case number, No. 3-7-cv-4727-MHP. All filings in these proceedings shall bear the correct case number, No. 3-7-cv-4727-MHP. Good cause appearing therefor, Petitioner's request to proceed in forma pauperis is
Case No. 3-7-cv-4727-MHP ORDER REGARDING REQUEST FOR APPOINTMENT OF COUNSEL AND STAY OF EXECUTION (DPSAGOK)

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Darren Cornelius STANLEY, Petitioner,

Case Number 3-7-cv-4727-MHP Case Number 3-7-cv-5608-MHP DEATH-PENALTY CASE

v. Robert L. AYERS Jr., Warden of San Quentin State Prison, Respondent. ORDER REGARDING REQUEST FOR APPOINTMENT OF COUNSEL AND STAY OF EXECUTION [Docket No. 1]

Case 3:07-cv-04727-MHP

Document 3

Filed 11/07/2007

Page 2 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

granted. Pursuant to Habeas Local Rule 2254-25, the request for appointment of counsel is granted. This action is referred to the Court's Selection Board for the recommendation of qualified counsel to represent Petitioner in these proceedings. Pursuant to Habeas Local Rule 2254-24(a), Petitioner is entitled to a stay of execution pending the final disposition of the proceedings in this Court. It appears from Petitioner's declaration in filed in support of his request that the Supreme Court of California has entered a stay of execution of Petitioner's death sentence that remains in effect. This federal Court therefore will defer resolution of Petitioner's request for a stay of execution pending the disposition of the stay entered by the State court. Should the stay entered by the Supreme Court of California be dissolved, this Court automatically shall grant Petitioner's request for a stay and automatically shall enter a stay of the execution of Petitioner's death sentence pending the final disposition of the proceedings in this Court. In the event that the stay entered by the Supreme Court of California is not dissolved prior to the final disposition of the proceedings in this Court, Petitioner's request for a stay of execution in this Court automatically shall be denied as moot upon the entrance of the judgment of this Court. The Clerk immediately shall notify by telephone Respondent Robert L. Ayers Jr., Warden of San Quentin State Prison, of this order. The Clerk also shall serve certified copies of this order upon Petitioner; Respondent; the clerk of the Superior Court of California in and for the County of Alameda; Michael G. Millman, Esq., Executive Director of the California Appellate Project; Richard L. Rubin, Esq.; Juliet B. Haley, Esq., Deputy Attorney General of the State of California; and James Anderson, Esq., Office of the District Attorney of the County of Alameda. It is so ordered.

DATED: November 7, 2007

__________________________________ MARILYN HALL PATEL United States District Judge

2
Case No. 3-7-cv-4727-MHP ORDER REGARDING REQUEST FOR APPOINTMENT OF COUNSEL AND STAY OF EXECUTION (DPSAGOK)

Case 3:07-cv-04727-MHP

Document 3

Filed 11/07/2007

Page 3 of 3

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Copies of Order mailed on November 7, 2007 to: Darren Cornelius Stanley CDC # D-09338 San Quentin State Prison San Quentin, CA 94974 Robert L. Ayers Jr. Warden San Quentin State Prison San Quentin, CA 94974 Clerk of the Alameda Superior Court 1225 Fallon Street Oakland, CA 94612 Michael G. Millman, Esq. Executive Director California Appellate Project 101 Second Street, Suite 600 San Francisco, CA 94105 Richard L. Rubin, Esq. 4200 Park Boulevard, #249 Oakland, CA 94602 Juliet B. Haley, Esq. Deputy Attorney General 455 Golden Gate Avenue, Suite 11000 San Francisco, CA 94102-7004 James Anderson, Esq. Office of the District Attorney of the County of Alameda 1225 Fallon Street, #900 Oakland, CA 94612 Habeas Corpus Resource Center 50 Fremont Street, Suite 1800 San Francisco, CA 94105 Federal Court Docketing California Appellate Project 101 Second Street, Suite 600 San Francisco, CA 94105

3
Case No. 3-7-cv-4727-MHP ORDER REGARDING REQUEST FOR APPOINTMENT OF COUNSEL AND STAY OF EXECUTION (DPSAGOK)