Johnson v. Ayers

Filing 361

ORDER ADDRESSING RESPONDENT'S OPPOSITION TO MOTIONS TO WITHDRAW AND SEAL. Signed by Judge Susan Illston on 12/23/14. (tfS, COURT STAFF) (Filed on 12/23/2014)

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIE JOHNSON,
Petitioner,

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No. C 98-4043 SI
DEATH PENALTY CASE

v.
RON DAVIS, Warden, San Quentin State Prison,
Respondent.

ORDER ADDRESSING RESPONDENT’S
OPPOSITION TO MOTIONS TO
WITHDRAW AND SEAL

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The Court is in receipt of respondent’s opposition to petitioner’s motions to withdraw and

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motions to seal the motions to withdraw and supporting affidavits. Respondent’s opposition raises

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serious concerns about delay, concerns that the Court itself considered prior to granting the motions.

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However, possible delay incurred as a result of appointing new counsel must be balanced with the

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well-being and ability to litigate the case of the counsel seeking removal. Accordingly, the Court

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will still allow the withdrawal of counsel.

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In an effort to minimize confusion for new counsel, another issue raised by respondent’s

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opposition, as well as minimizing delay, the Court’s order granting the withdrawal of counsel is not

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effective until after the completion of the current round of briefing. The Court will work with both

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parties to ensure timely processing of this case. To that end, the Court notes that the most recent

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delay, one of nine months, was incurred by granting respondent’s multiple requests for an extension

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of time in which to file the opposition brief. If respondent seeks to expedite the resolution of this

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case, the Court in turn seeks respondent’s assistance in the timely filing of briefs.

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IT IS SO ORDERED.

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DATED: December 23 2014

_______________________
SUSAN ILLSTON
United States District Judge

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United States District Court
For the Northern District of California

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