Archie v. Foster et al

Filing 20

ORDER that 18 Petitioner's Motion to Withdraw Counsel is DENIED without prejudice. Signed by Judge Roger L. Hunt on 2/13/13. (Copies have been distributed pursuant to the NEF - MMM)

1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
8
MYRDUS ARCHIE,
9
Petitioner,
10
vs.
11
12

SHERYL FOSTER, et al.,

13

Respondents.

)
)
)
)
)
)
)
)
)
)
/

2:10-cv-01968-RLH-RJJ
ORDER

14
15

Myrdus Archie, a Nevada prisoner, has submitted a petition for a writ of habeas corpus,

16

pursuant to 28 U.S.C. § 2254 (ECF #5). Petitioner has filed a motion to withdraw counsel (ECF #18).

17

However, on December 7, 2011, the court granted petitioner’s motion for stay pending conclusion of

18

proceedings in state court (ECF #16). This action is therefore stayed pending a motion by petitioner to

19

reopen this matter after state court proceedings have concluded. Accordingly, petitioner’s motion is

20

denied without prejudice to her filing a new motion to withdraw counsel if necessary once this matter

21

is reopened.

22

The court notes that if counsel in this matter is also representing her in state court and

23

petitioner seeks to withdraw counsel in her state court matter, she must file a motion to withdraw

24

counsel in her state court proceedings.

25
26

1
2

IT IS THEREFORE ORDERED that petitioner’s motion to withdraw counsel (ECF
#18) is DENIED without prejudice.

3
4

Dated this 13th day of February, 2013.

5
6

___________________________________
UNITED STATES DISTRICT JUDGE

7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2