Holmes v. Miller

Filing 122

ORDER signed by Magistrate Judge Kendall J. Newman on 03/20/17 ordering the motion to be relieved as counsel 121 is granted. Michael Bigelow is relieved as attorney of record in the above entitled matter. Petitioner is substituted in pro per; her contact information is: Jessica N. Holmes X-23116, Central California Women's Facility, PO Box 1508, Chowchilla, CA 93610. (Plummer, M)

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1 2 3 4 MICHAEL B. BIGELOW Attorney at Law - SBN 65211 331 J Street, Suite 200 Sacramento, California 95814 Telephone: (916) 443-0217 Email: LawOffice.mbigelow@gmail.com Attorney for Defendant Jessica Holmes 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 JESSICA HOLMES Plaintiff 9 v. 10 11 DEBORAH JOHNSON, Warden 12 Defendant ) ) ) ) ) ) ) ) ) ) ) No. CIV 11-2710 JKS KJN P REQUEST TO WITHDRAW AS ATTORNEY OF RECORD; ORDER 13 14 COMES NOW Attorney Michael Bigelow, counsel of record for 15 Petitioner Jessica Holmes in the above-entitled matter, and 16 moves to withdraw as such counsel for the petitioner. Counsel 17 makes this request because his Petitioner has asked him to file 18 a Notice of Appeal on this matter from the denial of her Section 19 2254 Motion entered and judgment entered against her on March 20 13, 2017. 21 22 23 While Mr. Bigelow is willing to file such a Notice of Appeal pro se for Petitioner, he cannot file such a Notice as attorney of record pursuant to an earlier agreement that his 24 representation of Petitioner would terminate upon decision of 25 1 1 2 3 4 this Court in the above referenced matter. That decision has been made and thus Mr. Bigelow’s representation of petitioner has been terminated. Unfortunately, due to the relatively unique rules 5 applicable to appeals within the Ninth Circuit it will take an 6 extraordinary effort for counsel to withdraw as attorney of 7 record once the Court of Appeals gains jurisdiction over the 8 case. Therefore, counsel for Petitioner Holmes would request 9 that this court relieve him as attorney of record for the 10 11 petitioner in this case before the pro se Notice of Appeal is filed. 12 13 Dated: March 17, 2017 14 Respectfully submitted, 15 16 17 /S/MICHAEL B. BIGELOW Michael B. Bigelow Attorney for Petitioner 18 19 20 21 22 23 24 25 2 ORDER 1 2 Good cause appearing, IT IS HEREBY ORDERED that: 3 1. 4 5 6 The motion to be relieved as counsel (ECF No. 121) is granted; 2. Michael Bigelow is relieved as attorney of record in the above entitled matter; and 7 8 9 10 11 12 3. Petitioner is substituted in pro per; her contact information is: Jessica N. Holmes X-23116 Central California Women’s Facility P.O. Box 1508 Chowchilla, CA 93610 13 14 Dated: March 20, 2017 15 16 17 18 /holm2710.wd 19 20 21 22 23 24 25 3

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