McKenna v. McDaniel et al

Filing 80

ORDER. IT IS ORDERED that 79 Petitioner's Motion for Withdrawal of Counsel is GRANTED. Signed by Judge James C. Mahan on 12/5/2019. (Copies have been distributed pursuant to the NEF - JQC)

1
UNITED STATES DISTRICT COURT

2

DISTRICT OF NEVADA

3
4
5
6

PATRICK CHARLES McKENNA,

Case No. 2:11-cv-00191-JCM-NJK

Petitioner,
v.

ORDER GRANTING MOTION FOR
WITHDRAWAL OF COUNSEL
(ECF NO. 79)

7
8
9

WILLIAM GITTERE, et al.,
Respondents.

10
11

This capital habeas corpus action is currently stayed, pending the petitioner’s

12

exhaustion of claims in state court. See Order entered May 9, 2012 (ECF No. 37); Order

13

entered July 12, 2012 (ECF No. 42); Order entered March 17, 2014 (ECF No. 54);

14

Order entered March 22, 2017 (ECF No. 71).

15

On November 18, 2019, the petitioner, Patrick Charles McKenna, filed a “Motion

16

for Withdrawal of Counsel” (ECF No. 79). In that motion, McKenna simply seeks to

17

make a substitution of counsel between attorneys at the office of the Federal Public

18

Defender for the District of Arizona (FPD), which has been appointed to represent

19

McKenna. See Order entered July 12, 2012 (ECF No. 42). The Court will grant the

20

motion.

21
22
23
24
25
26

For future reference, the Court calls counsel’s attention to Local Rule LSR 3-6(b)
(“Substitution of Counsel in Habeas Corpus Cases”), which provides:
In cases in which the petitioner is represented by one or more
attorneys in a federal public defender’s office, substitutions of counsel
from one attorney in the federal public defender’s office to another
attorney in that office need not be made by motion or stipulation, as is
otherwise required by LR IA 11-6, but must be made by the filing of a
notice of the substitution.

27

LSR 3-6(b). Under that rule, the sort of change in representation of the petitioner made

28

here, within the office of the FPD, does not require a motion; a notice will suffice.
1

1

IT IS THEREFORE ORDERED that Petitioner’s Motion for Withdrawal of

2

Counsel (ECF No. 79) is GRANTED. The Clerk of the Court is directed to update the

3

docket to make the change in representation described in the motion (Cary Sandman

4

terminated as Petitioner’s counsel).

5

IT IS FURTHER ORDERED that, pursuant to Federal Rule of Civil Procedure

6

25(d), William Gittere is substituted for Timothy Filson as the respondent warden, and

7

Aaron Ford is substituted for Catherine Cortez Masto as the respondent state attorney

8

general. The Clerk of the Court is directed to update the docket for this case to reflect

9

these changes.

10
11

December 5, of ______________________, 2019.
DATED THIS ___ day 2019.

12
13
14

JAMES C. MAHAN,
UNITED STATES DISTRICT JUDGE

15
16
17
18
19
20
21
22
23
24
25
26
27
28
2