Leavitt v. Neven et al
Filing
25
ORDER Denying 24 Motion to Withdraw as appointed counsel. This action is TEMPORARILY STAYED. The clerk shall ADMINISTRATIVELY CLOSE the case. On or before August 30, 2013, petitioner shall file a motion to reopen the action along with the amended petition. Signed by Judge James C. Mahan on 4/1/2013. (Copies have been distributed pursuant to the NEF - SLR)
1
2
3
4
5
UNITED STATES DISTRICT COURT
6
DISTRICT OF NEVADA
7
***
8
CODY LEAVITT,
9
Petitioner,
10
vs.
11
DWIGHT NEVEN, et al.,
12
Respondents.
)
)
)
)
)
)
)
)
)
/
Case No. 2:12-cv-00987-JCM-CWH
ORDER
13
14
This action involves a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Before
1
In the motion, counsel for
15
the court is petitioner’s motion to withdraw as counsel (ECF. No. 24).
16
petitioner advises the court that the motion to withdraw is brought due to a scheduling conflict arising
17
from an upcoming 4-6 week trial, which has impacted his ability to draft the petition within the court’s
18
deadline. Respondents have not opposed the motion. Based on the facts and circumstances presented,
19
the court will deny the motion to withdraw, but will temporarily stay the proceedings to allow counsel
20
time to complete the trial in the other matter.
21
22
23
IT IS THEREFORE ORDERED that petitioner’s motion to withdraw as appointed counsel
(ECF. No. 24) is DENIED.
IT IS FURTHER ORDERED that this action is TEMPORARILY STAYED. The clerk shall
24
1
25
26
Petitioner also has a second action proceeding in a petition for writ of habeas corpus in which he has
been appointed the same counsel and in which a similar motion has been filed. See 2:12-cv-00625-MMD-NJK
The court takes notice of a hearing conducted in the related habeas action on March 27, 2013 to address the
motion to withdraw as counsel. The court therein has determined to proceed as outlined above. Judicial
economy supports a similar action in this matter.
1
2
ADMINISTRATIVELY CLOSE the case.
IT IS FURTHER ORDERED that on or before August 30, 2013, petitioner shall file a motion
3
to reopen the action along with the amended petition.
4
April 1, 2013.
Dated this ______ day of April, 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-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?