Ansley v. Foulk

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/5/2017 ORDERING, within 7 days, counsel for petitioner shall file a motion to withdraw, if appropriate, as well as a status report on any efforts petitioner has made to obtain new counsel.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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EDWARD ANSLEY,

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No. 2:14-cv-2376 CKD P

Petitioner,

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v.

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FRED FOULK,

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ORDER

Respondent.

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Petitioner is a California inmate proceeding through counsel with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On December 11, 2014, the court granted

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petitioner’s motion to stay this action pending the exhaustion of state court remedies with respect

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to his ineffective assistance of trial counsel claim. ECF No. 6. Petitioner was directed to file a

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motion to lift the stay within thirty days of any decision by the California Supreme Court and was

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cautioned that the failure to timely inform the court would result in dismissal of the unexhausted

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claim.

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On May 30, 2017 the court ordered petitioner to show cause why the stay should not be

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lifted and the ineffective assistance of counsel claim dismissed as unexhausted due to petitioner’s

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failure to update the court. ECF No. 7. Counsel for petitioner filed a reply to the show cause

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order on June 29, 2017 indicating that he has not been retained nor paid for “necessary

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investigation services.” ECF No. 8 at 2. Other than describing the ways in which trial and

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appellate counsel have not performed as petitioner deemed appropriate, counsel for petitioner

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provides no explanation for the two and a half year delay in this case. To add insult to injury,
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counsel for petitioner then requests that the court “extend the deadline for petitioner to obtain the

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services of another lawyer who may file appropriate pleadings seeking relief….” ECF No. 8 at 4.

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Before the court will grant any further continuances of this matter, counsel for petitioner is

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directed to file a motion to withdraw as counsel pursuant to Local Rule 182(d) in the event that he

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no longer intends to be counsel of record in this matter. Counsel is also directed to file a status

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report on any efforts petitioner has taken to obtain the services of another lawyer in this matter or

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if he wishes to proceed in propia persona. Such motion and status report shall be filed within 7

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days from the date of this order. The original show cause order will not be discharged until

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counsel for petitioner responds to this order.

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Accordingly, IT IS HEREBY ORDERED, that within 7 days from the date of this order,

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counsel for petitioner shall file a motion to withdraw, if appropriate, as well as a status report on

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any efforts petitioner has made to obtain new counsel.

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Dated: July 5, 2017

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CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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12/ansl2376.showcausereply

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