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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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 FOR THE EASTERN DISTRICT OF CALIFORNIA 8 9 EDWARD ANSLEY, 10 No. 2:14-cv-2376 CKD P Petitioner, 11 v. 12 FRED FOULK, 13 ORDER Respondent. 14 Petitioner is a California inmate proceeding through counsel with a petition for writ of 15 16 habeas corpus pursuant to 28 U.S.C. § 2254. On December 11, 2014, the court granted 17 petitioner’s motion to stay this action pending the exhaustion of state court remedies with respect 18 to his ineffective assistance of trial counsel claim. ECF No. 6. Petitioner was directed to file a 19 motion to lift the stay within thirty days of any decision by the California Supreme Court and was 20 cautioned that the failure to timely inform the court would result in dismissal of the unexhausted 21 claim. 22 On May 30, 2017 the court ordered petitioner to show cause why the stay should not be 23 lifted and the ineffective assistance of counsel claim dismissed as unexhausted due to petitioner’s 24 failure to update the court. ECF No. 7. Counsel for petitioner filed a reply to the show cause 25 order on June 29, 2017 indicating that he has not been retained nor paid for “necessary 26 investigation services.” ECF No. 8 at 2. Other than describing the ways in which trial and 27 appellate counsel have not performed as petitioner deemed appropriate, counsel for petitioner 28 provides no explanation for the two and a half year delay in this case. To add insult to injury, 1 1 counsel for petitioner then requests that the court “extend the deadline for petitioner to obtain the 2 services of another lawyer who may file appropriate pleadings seeking relief….” ECF No. 8 at 4. 3 Before the court will grant any further continuances of this matter, counsel for petitioner is 4 directed to file a motion to withdraw as counsel pursuant to Local Rule 182(d) in the event that he 5 no longer intends to be counsel of record in this matter. Counsel is also directed to file a status 6 report on any efforts petitioner has taken to obtain the services of another lawyer in this matter or 7 if he wishes to proceed in propia persona. Such motion and status report shall be filed within 7 8 days from the date of this order. The original show cause order will not be discharged until 9 counsel for petitioner responds to this order. 10 Accordingly, IT IS HEREBY ORDERED, that within 7 days from the date of this order, 11 counsel for petitioner shall file a motion to withdraw, if appropriate, as well as a status report on 12 any efforts petitioner has made to obtain new counsel. 13 Dated: July 5, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 12/ansl2376.showcausereply 22 23 24 25 26 27 28 2

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