Friend v. Davis

Filing 38

ORDER by Judge Haywood S. Gilliam, Jr. GRANTING MOTION TO WITHDRAW PREVIOUSLY FILED PRO SE ( 33 , 31 ) MOTIONS (Attachments: # 1 Certificate/Proof of Service)(ndrS, COURT STAFF) (Filed on 4/12/2017)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 JACK WAYNE FRIEND, Petitioner, 8 Case No. 15-cv-03514-HSG DEATH PENALTY CASE v. 9 RON DAVIS, Warden, San Quentin State Prison, 11 United States District Court Northern District of California 10 Respondent. ORDER GRANTING MOTION TO WITHDRAW PREVIOUSLY FILED PRO SE MOTIONS Re: Dkt. Nos. 31, 33 12 Petitioner filed a pro se “Request for Appropriate Relief” that sought to (1) remove as 13 14 counsel the Federal Public Defender for the District of Arizona, (2) dismiss the current federal 15 habeas proceeding, and (3) issue an order of execution “by any means available” within thirty 16 days. ECF Dkt. No. 31. Based on these requests, the Court invited a response from Petitioner’s 17 counsel. ECF Dkt. No. 32. Prior to Petitioner’s counsel filing a response, Petitioner filed a 18 second pro se pleading entitled, “Request to Set Aside the Previous Submitted Declaration.” ECF 19 Dkt. No. 33. In this motion to set aside his initial motion, Petitioner stated that he would 20 determine whether to withdraw his prior request for dismissal or continue seeking an execution 21 date following his review of the finalized petition for writ of habeas corpus. Petitioner’s counsel has now filed a response that states that Petitioner’s concerns have 22 23 been alleviated by the finalized petition for writ of habeas corpus and that counsel is authorized to 24 represent that Petitioner no longer wishes to dismiss his federal habeas proceedings or volunteer 25 for execution. ECF Dkt. No. 36. Through counsel, Petitioner seeks to withdraw his previously 26 filed motions. Respondent agrees that no further action should be taken at this time aside from 27 allowing Petitioner to withdraw the two motions. ECF Dkt. No. 37. 28 // 1 The Court construes counsel’s Response to Petitioner’s Pro Se Motions as a motion to 2 withdraw Petitioner’s two previously filed pro se motions. So construed, the motion is 3 GRANTED. 4 The Clerk shall serve this Order directly on Petitioner. 5 IT IS SO ORDERED. 6 7 8 9 Dated: 4/12/2017 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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