Ayers

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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…