Morales

ORDER DISMISSING COMPLAINT FOR RELIEF UNDER 42 U.S.C. § 1983

Plaintiff Michael Angelo Morales is scheduled to be executed at San Quentin State Prison on February 21, 2006. He is currently in the process of seeking executive clemency from the Governor of the State of California.

On Monday, February 6, 2006, Morales filed in this Court a Complaint for Equitable and Injunctive Relief and for Damages under 42 U.S.C. § 1983 . The complaint names as defendants the San Joaquin County District Attorney’s Office, District Attorney James P. Willett, and Assistant District Attorney Craig Holmes. In 1983, the San Joaquin County District Attorney prosecuted Morales for the murder of Terri Winchell. Defendant Craig Holmes, who was at the time a defense attorney in private practice, represented Morales. Mr. Holmes subsequently joined the San Joaquin County District Attorney’s office, where, according to the complaint, he has been employed for over 19 years and is now the Assistant District Attorney, the second highest-ranking member in that office.

The complaint alleges that the San Joaquin County District Attorney exercised significant discretionary authority over the setting of an execution…