Andrade v Cate

Filing 38

ORDER signed by Magistrate Judge Allison Claire on 6/20/14 ORDERING that counsel for petitioner shall file a motion to withdraw within 7 days of the date of this order.(Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ADRIAN FRANK ANDRADE,

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Petitioner,

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No. 2:09-cv-02270 KJM AC P

v.

ORDER

MATTHEW CATE,

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Respondent.

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Petitioner is a state prisoner proceeding with an application for a writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. On June 12, 2014 this court ordered petitioner’s counsel of record,

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Donald Masuda and Kenny Giffard, to show cause why their ongoing representation of petitioner

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is not burdened by a conflict of interest in light of this court’s September 24, 2013 order granting

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petitioner’s pro se motion for relief from judgment based on his abandonment by counsel. See

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ECF Nos 35, 24. On June 13, 2014 petitioner’s counsel filed a response to the order to show

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cause indicating that they do not intend to continue representing petitioner in the instant matter

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and would file a motion to withdraw pursuant to Local Rule 182(d). ECF No. 36. However, no

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such motion to withdraw has been filed to date. Counsel is once again reminded that the court is

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unable to set a further briefing schedule on petitioner’s habeas corpus application, which dates

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back to 2009, until the status of counsel is determined with certainty.

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Therefore, IT IS HEREBY ORDERED that counsel for petitioner shall file a motion to

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withdraw within 7 days of the date of this order.

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DATED: June 20, 2014

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