Wilkins v. Macomber

Filing 83

ORDER VACATING FEBRUARY 1, 2019 DEADLINE AND SETTING NEW DEADLINES (Illston, Susan) (Filed on 1/28/2019)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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KEENAN G. WILKINS,

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Petitioner,
v.

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JEFF MACOMBER,

ORDER VACATING FEBRUARY 1,
2019 DEADLINE AND
SETTING NEW DEADLINES

Respondent.

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United States District Court
Northern District of California

Case No. 16-cv-00221-SI

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On January 7, 2019, the Court issued an Order granting in part and denying in part petitioner

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Keenan G. Wilkins’s motion for reconsideration of the Court’s prior Order granting respondent’s

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motion to dismiss. Docket No. 79. Because the Court found the amended petition for writ of habeas

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corpus was a “mixed petition” containing both exhausted and unexhausted claims, the Court

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required petitioner to choose how to proceed in this case and set a deadline of February 1, 2019, for

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petitioner to make his choice.

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On January 22, 2019, petitioner filed a motion for substitution of counsel, asking that his

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appointed attorney, James P. Vaughns, be taken off the case and that petitioner be given new

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counsel. Docket No. 82. Petitioner states, among other allegations, that his appointed counsel failed

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to act on exhaustion writs before the Court granted respondent’s motion to dismiss; that counsel did

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not act on numerous letters and phone calls from petitioner or emails from his family members; and

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that on reconsideration counsel failed to present a “vast amount” of writs showing exhaustion.

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Before the Court rules on petitioner’s motion, the Court finds that a response from
petitioner’s counsel, Mr. Vaughns, is warranted. The Court therefore ORDERS as follows:
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Mr. Vaughns shall file an opposition or response to the motion for substitution of
counsel no later than February 4, 2019.

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February 18, 2019.

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Petitioner Wilkins may file a reply to Mr. Vaughns’s response no later than

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The current February 1, 2019 deadline for petitioner to choose how to proceed on his

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mixed petition is VACATED. The Court will re-set this deadline once it has ruled

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on the motion for substitution of counsel.

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IT IS SO ORDERED.
Dated: January 28, 2019
______________________________________
SUSAN ILLSTON
United States District Judge

United States District Court
Northern District of California

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