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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1 2 3 4 5 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 9 RONALD LAWRENCE MORTENSEN, 10 Petitioner, 11 vs. 12 DWIGHT D. NEVEN, et al., 13 Case No. 2:11-cv-00266-KJD-CWH Respondents. ORDER 14 15 16 17 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 18 petitioner’s response (ECF No. 102) contains ad hominem attacks upon counsel for respondents. 19 Given that granting the motion to strike likely will cause yet another flurry of litigation, and given 20 that the court is unlikely to consider petitioner’s proper-person filings as long as he is represented by 21 counsel, the court will deny this motion. 22 23 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. 24 IT IS FURTHER ORDERED that the clerk of the court shall forward a copy of this order to 25 the CJA Coordinator, who shall locate substitute counsel for petitioner. The clerk of the court also 26 shall send a copy of this order to petitioner himself, Ronald L. Mortensen, #54506, Northern Nevada 27 Correctional Center, P.O. Box 7000, Carson City, NV 89702. 28 1 2 3 IT IS FURTHER ORDERED that respondents’ motion to strike response (ECF No. 103) is DENIED. DATED: May 23 2017 4 5 _________________________________ KENT J. DAWSON United States District Judge 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2-

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