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)

1
2
3
4

MICHAEL B. BIGELOW
Attorney at Law - SBN 65211
331 J Street, Suite 200
Sacramento, California 95814
Telephone: [phone]
Email: [e-mail]
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