Case 4:11-cv-01696 Document 39-1 Filed in TXSD on 10/22/15 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,
Respondent.

CIVIL ACTION NO. 4:11-CV-1696

CAPITAL CASE

NOTICE OF APPEAL
Pursuant to Federal Rule of Appellate Procedure 4(a), notice is hereby given that
Petitioner Raphael Holiday appeals to the United States Court of Appeals for the Fifth Circuit
from the Order entered on September 24, 2015 (Dkt. No. 35), denying Petitioners motion under
18 U.S.C. 3599 for appointment of substitute counsel, as well as any prior judgments, opinions,
or orders subsumed therein.1

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

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 39-1 Filed in TXSD on 10/22/15 Page 2 of 2

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 Sims Sween
Gretchen Sims Sween