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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1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 13 14 WILLIE JOHNSON, Petitioner, 15 16 17 18 19 20 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 / The Court is in receipt of respondent’s opposition to petitioner’s motions to withdraw and 21 motions to seal the motions to withdraw and supporting affidavits. Respondent’s opposition raises 22 serious concerns about delay, concerns that the Court itself considered prior to granting the motions. 23 However, possible delay incurred as a result of appointing new counsel must be balanced with the 24 well-being and ability to litigate the case of the counsel seeking removal. Accordingly, the Court 25 will still allow the withdrawal of counsel. 26 In an effort to minimize confusion for new counsel, another issue raised by respondent’s 27 opposition, as well as minimizing delay, the Court’s order granting the withdrawal of counsel is not 28 effective until after the completion of the current round of briefing. The Court will work with both 1 parties to ensure timely processing of this case. To that end, the Court notes that the most recent 2 delay, one of nine months, was incurred by granting respondent’s multiple requests for an extension 3 of time in which to file the opposition brief. If respondent seeks to expedite the resolution of this 4 case, the Court in turn seeks respondent’s assistance in the timely filing of briefs. 5 6 IT IS SO ORDERED. 7 8 DATED: December 23 2014 _______________________ SUSAN ILLSTON United States District Judge 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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