Case 4:11-cv-01696 Document 47-1 Filed in TXSD on 10/27/15 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
RAPHAEL DEON HOLIDAY,
TDCJ-ID NO. 999419,
Petitioner,
v.
WILLIAM STEPHENS, Director,
Texas Department of Criminal
Justice, Institutional Division,

CIVIL ACTION NO. 4:11-CV-1696

CAPITAL CASE

Respondent.
AMENDED NOTICE OF APPEAL
Pursuant to Federal Rule of Appellate Procedure 4(a), notice is hereby given that
Petitioner Raphael Holiday, proceeding in forma pauperis, appeals to the United States Court of
Appeals for the Fifth Circuit from the Orders entered on September 24, 2015 (Dkt. No. 35),
October 22, 2015 (Dkt. No. 40), and on October 26, 2015 (Dkt. No. 45) denying Petitioners
motion under 18 U.S.C. 3599 for appointment of substitute counsel and for a stay under 28
U.S.C. 2251 to ensure that that relief can be meaningfully effected, as well as any prior
judgments, opinions, or orders subsumed therein.1

1
Appeal of the order in question does not require a certificate of appealability (COA) and is immediately
appealable. See Harbison v. Bell, 129 S. Ct. 1481, 1485 (2009) (holding that an order denying a motion for
appointment of counsel is not a final order in a habeas corpus proceeding and is therefore not subject to the COA
requirement); see also Smith v. Dretke, 422 F.3d 269, 288 (5th Cir. 2005) (holding COA is not necessary to appeal
the failure to provide ancillary representation services under 18 U.S.C. 3599).

Case 4:11-cv-01696 Document 47-1 Filed in TXSD on 10/27/15 Page 2 of 2

Respectfully submitted,
/s/ Gretchen Sims Sween
Gretchen Sims Sween
BECK REDDEN LLP
515 Congress Avenue, Suite 1900
Austin, Texas 78701
Telephone: (512) 708.1000
Facsimile: (512) 708.1002
E-mail: gsween@beckredden.com
Pro Bono Attorney for Petitioner

CERTIFICATE OF SERVICE
I, Gretchen Sween, certify that the foregoing was filed electronically in compliance with
Local Rule CV-5(a). Therefore, this document was served on all counsel who are deemed to
have consented to electronic service. Local Rule CV-5(a)(3)(A).
/s/ Gretchen S. Sween