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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JACK WAYNE FRIEND,
Petitioner,

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Case No. 15-cv-03514-HSG
DEATH PENALTY CASE

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

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United States District Court
Northern District of California

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Respondent.

ORDER GRANTING MOTION TO
WITHDRAW PREVIOUSLY FILED
PRO SE MOTIONS
Re: Dkt. Nos. 31, 33

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Petitioner filed a pro se “Request for Appropriate Relief” that sought to (1) remove as

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counsel the Federal Public Defender for the District of Arizona, (2) dismiss the current federal

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habeas proceeding, and (3) issue an order of execution “by any means available” within thirty

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days. ECF Dkt. No. 31. Based on these requests, the Court invited a response from Petitioner’s

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counsel. ECF Dkt. No. 32. Prior to Petitioner’s counsel filing a response, Petitioner filed a

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second pro se pleading entitled, “Request to Set Aside the Previous Submitted Declaration.” ECF

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Dkt. No. 33. In this motion to set aside his initial motion, Petitioner stated that he would

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determine whether to withdraw his prior request for dismissal or continue seeking an execution

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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

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been alleviated by the finalized petition for writ of habeas corpus and that counsel is authorized to

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represent that Petitioner no longer wishes to dismiss his federal habeas proceedings or volunteer

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for execution. ECF Dkt. No. 36. Through counsel, Petitioner seeks to withdraw his previously

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filed motions. Respondent agrees that no further action should be taken at this time aside from

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allowing Petitioner to withdraw the two motions. ECF Dkt. No. 37.

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//

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The Court construes counsel’s Response to Petitioner’s Pro Se Motions as a motion to

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withdraw Petitioner’s two previously filed pro se motions. So construed, the motion is

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GRANTED.

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The Clerk shall serve this Order directly on Petitioner.

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IT IS SO ORDERED.

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Dated: 4/12/2017
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HAYWOOD S. GILLIAM, JR.
United States District Judge

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United States District Court
Northern District of California

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