Mortensen v. Nevens et al

Filing 109

ORDER Granting Petitioner's 106 Motion to Withdraw Attorney Gia A McGillivray as counsel of record. The representation of petitioner by Gia McGillivray is terminated. The clerk of the court shall forward a copy of this order to the CJA Coordinator who shall locate substitute counsel for petitioner. Respondents' 103 Motion to Strike Response is Denied. Signed by Judge Kent J. Dawson on 5/23/2017. (Copies have been distributed pursuant to the NEF - cc CJA Clerk; copy mailed to Petitioner - SLD)

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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RONALD LAWRENCE MORTENSEN,

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Petitioner,

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vs.

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DWIGHT D. NEVEN, et al.,

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Case No. 2:11-cv-00266-KJD-CWH

Respondents.

ORDER

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Petitioner’s counsel has filed a motion to withdraw as counsel of record (ECF No. 106),
citing a conflict of interest. The court grants this motion.
Respondents have filed a motion to strike response (ECF No. 103). Respondents argue that

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petitioner’s response (ECF No. 102) contains ad hominem attacks upon counsel for respondents.

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Given that granting the motion to strike likely will cause yet another flurry of litigation, and given

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that the court is unlikely to consider petitioner’s proper-person filings as long as he is represented by

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counsel, the court will deny this motion.

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IT IS THEREFORE ORDERED that the motion to withdraw as counsel of record (ECF No.
106) is GRANTED. The representation of petitioner by Gia McGillivray is TERMINATED.

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IT IS FURTHER ORDERED that the clerk of the court shall forward a copy of this order to

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the CJA Coordinator, who shall locate substitute counsel for petitioner. The clerk of the court also

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shall send a copy of this order to petitioner himself, Ronald L. Mortensen, #54506, Northern Nevada

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Correctional Center, P.O. Box 7000, Carson City, NV 89702.

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IT IS FURTHER ORDERED that respondents’ motion to strike response (ECF No. 103) is
DENIED.
DATED: May 23 2017

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_________________________________
KENT J. DAWSON
United States District Judge

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