Vargas v. Knowles
Filing
195
ORDER (1) DENYING 192 MOTION TO SUBSTITUTE ATTORNEY WITHOUT PREJUDICE; AND (2) REQUESTING SUBMISSION FROM PETITIONER'S COUNSEL. Signed by Judge Jeremy Fogel on 3/28/2011. (jflc2, COURT STAFF) (Filed on 3/28/2011)
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Vargas v. Knowles
Doc. 195
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. WARDEN MIKE KNOWLES, Respondent. EDDIE M. VARGAS, SR., Petitioner,
**E-Filed 3/28/2011**
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
Case Number 5:03-cv-02930-JF ORDER (1) DENYING MOTION TO SUBSTITUTE ATTORNEY WITHOUT PREJUDICE; AND (2) REQUESTING SUBMISSION FROM PETITIONER'S COUNSEL [Re: Dkt. Entry 192 ]
On November 18, 2008, this Court granted Petitioner's motion for a stay of the instant litigation so that he could return to state court to seek adjudication of certain unexhausted federal habeas claims. The Court directed the Clerk to close the file for administrative reasons, stating that the file would be reopened when and if Petitioner's claims were exhausted. The Court has not received any subsequent filings or correspondence from Petitioner's court-appointed attorney, Jerry Fong. Petitioner himself has filed a motion for appointment of new counsel, asserting that Mr. Fong has abandoned him. Petitioner's motion is DENIED WITHOUT PREJUDICE at this time. However, Mr. Fong is HEREBY DIRECTED TO FILE a status update within thirty (30) days, informing the Court as to the following:
Case No. 5:03-cv-02930-JF ORDER (1) DENYING MOTION TO SUBSTITUTE ATTORNEY WITHOUT PREJUDICE ETC. (JFLC2)
Dockets.Justia.com
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(1) (2) (3)
the date of Mr. Fong's last communication with Petitioner; the status of Mr. Fong's efforts to exhaust Petitioner's federal habeas claims; and whether and when Mr. Fong expects to file a motion to reopen the instant action.
IT IS SO ORDERED.
DATED: 3/28/2011
_________________________________ JEREMY FOGEL United States District Judge
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Case No. 5:03-cv-02930-JF ORDER (1) DENYING MOTION TO SUBSTITUTE ATTORNEY WITHOUT PREJUDICE ETC. (JFLC2)
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