Leavitt v. Neven et al

Filing 47

ORDER Granting 45 Motion to Extend Time to Respond to the Amended Petition. Answer due 3/7/2014. Denying 43 Motion to Appoint Counsel. Any further documents filed by petitioner in pro se shall be stricken from the record. Petitioner shall proceed through appointed counsel in this action. Signed by Judge James C. Mahan on 3/3/2014. (Copies have been distributed pursuant to the NEF - SLR)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 CODY LEAVITT, 10 11 12 13 14 ) ) Petitioner, ) ) vs. ) ) DWIGHT NEVEN, et al., ) ) Respondents. ) ____________________________________/ Case No. 2:12-cv-00987-JCM-CWH ORDER 15 This action is a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254, by a 16 Nevada state prisoner represented by counsel. 17 Respondents have filed a motion for a second extension of time in which to file a response to 18 the amended petition for a writ of habeas corpus. (ECF No. 45). Respondents seek a 17-day 19 enlargement of time, up to and including March 7, 2014, to file a response. Having reviewed the 20 motion and good cause appearing, respondents’ motion is granted. 21 Petitioner has filed a pro se motion for the substitution of counsel. (ECF No. 43). Petitioner 22 asks the court to appoint him different counsel. (Id.). On July 6, 2012, this court granted petitioner’s 23 motion for the appointment of counsel and appointed the federal public defender to represent petition 24 in this habeas proceeding and in case number 2:12-cv-00625-MMD-NJK. (ECF No. 6). The federal 25 public defender filed a notice of conflict on August 6, 2012. (ECF No. 11). Therefore, on August 26 1 15, 2012, this court appointed attorney Todd Leventhal to represent petitioner in this action. (ECF 2 No. 12). The court previously denied Leventhal’s motion to withdraw as counsel, and ordered him 3 to return his attentions to this mater after a brief stay allowing him to attend to other items on the 4 court’s docket. (ECF No. 25). Petitioner’s counsel filed an amended petition on October 15, 2013. 5 (ECF No. 36). The state is in the process of preparing a response to the amended petition. 6 Petitioner asks the court to substitute another attorney in place of court-appointed counsel, Todd 7 Leventhal. There is no constitutional right to appointed counsel for a federal habeas corpus 8 proceeding. Pennsylvania v. Finley, 481 U.S. 551, 555 (1987); Bonin v. Vasquez, 999 F.2d 425, 428 9 (9th Cir. 1993). Petitioner has been appointed counsel, Todd Leventhal, in this action and in case 10 number 2:12-cv-00625-MMD-NJK. Petitioner is not entitled to his choice of counsel when the court 11 has already appointed counsel. In the interests of justice, petitioner’s motion for substitution of 12 counsel is denied. The court further orders petitioner to refrain from filing further pro se pleadings 13 in this action, and instead proceed through counsel, pursuant to Local Rule, Part IA 10-6(a). Any 14 further documents filed by petitioner in pro se shall be stricken. 15 IT IS THEREFORE ORDERED that respondents’ motion for an extension of time (ECF 16 No. 45) to file an answer or other response to the amended petition is GRANTED. Respondents’ 17 answer or other response to the amended petition shall be filed on or before March 7, 2014. 18 19 20 21 22 IT IS FURTHER ORDERED that petitioner’s pro se motion for substitution of counsel (ECF No. 43) is DENIED. IT IS FURTHER ORDERED that any further documents filed by petitioner in pro se shall be stricken from the record. Petitioner shall proceed through appointed counsel in this action. Dated this ______ day of February, 2014. March 3, 2014. 23 24 UNITED STATES DISTRICT JUDGE 25 26 2

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