Wilkins v. Macomber

Filing 87

ORDER GRANTING PETITIONER'S MOTION FOR SUBSTITUTION OF COUNSEL granting 82 Motion to Substitute Attorney. Attorney James Phillip Vaughns terminated. (Illston, Susan) (Filed on 2/6/2019) (Additional attachment(s) added on 2/6/2019: # 1 Certificate/Proof of Service) (tfS, COURT STAFF).

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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,

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v.
JEFF MACOMBER,
Respondent.

United States District Court
Northern District of California

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Case No. 16-cv-00221-SI
ORDER GRANTING PETITIONER'S
MOTION FOR SUBSTITUTION OF
COUNSEL
Re: Dkt. No. 82

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Petitioner Keenan G. Wilkins has filed a motion to substitute counsel, stating that he has

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received ineffective assistance of counsel from the attorney this Court appointed to represent him in

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his action for a writ of habeas corpus in February 2017. Docket Nos. 34, 36, 82, 84, 85. His attorney,

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James Phillip Vaughns, has filed a response. Docket No. 86. Mr. Vaughns disputes some of

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petitioner’s allegations but concedes “that the attorney-client relationship ha[s] been damaged

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beyond repair.” Id. ¶¶ 2, 6. Because Mr. Vaughns does not oppose petitioner’s motion, see id. ¶ 2,

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the Court issues this Order without awaiting petitioner’s reply, which was due February 18, 2019.

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Under 18 U.S.C. § 3006A(c), a district court may, “in the interests of justice, substitute one

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appointed counsel for another at any stage of the proceedings.” Petitioner’s case has not advanced

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past the motion to dismiss stage, and the Court believes this is due in large part to the breakdown in

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the attorney-client relationship that both petitioner and Mr. Vaughns reference in their filings. See

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Docket Nos. 82, 86. The Court finds that the interests of justice warrant the substitution of counsel

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in this case.

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However, the Court reminds petitioner that the Sixth Amendment’s right to counsel does not

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apply in habeas corpus actions. See Knaubert v. Goldsmith, 791 F.2d 722, 728 (9th Cir. 1986).

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Once new counsel is appointed, the Court will not be inclined to consider another request for

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substitution of counsel. If petitioner has problems with his new attorney, he will likely be left to

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represent himself. The Court encourages petitioner to work collaboratively with his new attorney

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and also reminds petitioner that, once his new attorney is appointed, only his attorney should be

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communicating with the Court. See, e.g., United States v. Mujahid, 799 F.3d 1228, 1236 (9th Cir.

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2015). The only exception is that, if petitioner wants to terminate the new attorney and represent

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himself, he can file such a motion directly with the Court.

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Accordingly, pursuant to 18 U.S.C. § 3006A, the Court GRANTS petitioner’s motion for

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substitution of counsel. Mr. Vaughns shall be removed as counsel of record for this case. This

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matter is REFERRED to the Federal Public Defender to find new representation for petitioner.
The clerk shall provide a copy of this Order to the Office of the Federal Public Defender.

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United States District Court
Northern District of California

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Upon being notified by the Office of the Federal Public Defender that an attorney has been located

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to represent petitioner, the Court will appoint that attorney as counsel for petitioner. All further

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proceedings in this action are hereby STAYED for 30 days from the date new counsel is appointed,

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on which date counsel must file a notice stating whether petitioner chooses to proceed under Option

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1, 2, or 3 as laid out in the Order Granting in Part and Denying in Part Petitioner’s Motion for

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Reconsideration. See Docket No. 79 at 23-25.

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Petitioner does not need to file his reply brief that was due February 18, 2019.

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IT IS SO ORDERED.
Dated: February 6, 2019
______________________________________
SUSAN ILLSTON
United States District Judge

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